I have 4 children that are born in the u.s their mother is a illegal inmigrant.shes treatning me that shes going to leave back to mexico and taking our children with her without my permision can she take them away even though me and my children are u.s citizens...
If you do not have a court order in place regarding custody, yes she can. So go get one ASAP.
I concur with counsel. You need to have a custody order in place. If you were not married you need to begin with a Motion to Establish a Parental Relationship. At the same time, you need to file a Request for Order for Custody/ Visitation. It would be good to talk to a family law attorney in your area.
Who has physical control of their passports? I concur with my colleagues that you need to file a parentage action IMMEDIATELY and have her personally served to give the court jurisdiction over her and restrain her.
You would want an order that if she has their passports that she turn them over until this matter is settled, This would be in addition to the summons retraining order that requires she not take the kids out of the country, which she might well ignore if she has no intention of coming back.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline