First, you must immediately file for custody if you truely want your daughters to live with you instead of with her. The longer you wait, the more likely it will be that the Judge will wonder why you didn't file sooner. Second, as to whether you should file for an order of protection, her merely threatening to report you to USCIS is not grounds to file for same. If there are other reasons, you should review them with an attorney. Finally, you always have a risk of deportation. Whether that increases with her "reporting you" is something you should review with an immigration lawyer. In any event, I encourage you to schedule a free follow-up consultation appointment with a Bronx Co. Child Custody lawyer.
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I am sorry that you are going through this. Attorney Bliven gave you an outstanding answer, please file for custody asap and work with a good local attny. take care and I hope that thigns work out.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
File for custody and visitation in family court immediately. They will fill out the paperwork for free. Consult with an experienced Bronx Family law attorney to assist you.
If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.
I believe your case requires a consultation with an attorney before you file as you says few months have passed since you separated from your girlfriend and you want to request appropriate relief from the Court as, if you do not have appropriate accommodations for the children, custody may not be an option. Ten cuidado!
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