ok...my situation is this.....I got married to someone that is not a citizen of the united states as well as myself........he got deported and im actually willing to go live over there and spent some time over there in mexico and probably come back in a year...........ok the thing is that i have a 7 year old daughter that is not his...and the dad of my daughter doesn't wanna come to an agreement of him signin me a permit to take her out of the country....but the thing is he has never been there for us i've been married for almost 3 years and during that time probably he visited her like 6 times and gave her about 1000 dollars which we know is nothing........now he wants to fight custody and i dont know what to do...cause i dont what could happen if i take her just like that......?
Your question is one of an International Move Away Order.
DO NOT just "take her just like that." If you take her, and ex goes to court, he will most likely get an order, referring the matter to the District Attorney for Parental Kidnaping. Soon or later, you will be caught, and you will lose custody forever.
If you want to move, then you must do it right.
File an Order to Show CAsue seeking the Court's permission to move from L.A. to Mexico. Most likely, based on the limited facts you have presented, you will be allowed to move with your child to Mexico.
If your boyfriend/husband is the right person, he will wait for you while you appropriately and legally make things right. Quite frankly, he came here illegally, so it appears he is willing to break the law.
If you and the man are not married, your case is not as strong as he has no legal obligation to support you. If you are not married, why would you uproot your child from the only culture she has ever known? These are questions the Judge might rightfully ask you.
Your child's father has ligitimate concerns, i.e. culture, is your child welcome in Mexico, do you/child speak the language, can you support yourself, will your child be able to attend school there, if so what kind of school? Medical, is your child covered? Can you afford to send her back to the states to visit father? Will your daughter be able to maintain a bond with her father, if she were to move away?? etc . . .
These are just a few of the questions that will be asked of you.
A move away takes time. You are looking at 6 months to 1 year to get a ruling/judgment.
Still want to move? Better make sure this guy is worth it. Is he willing to pay the court costs to have you and your daughter join him?
Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship
The only thing that I would add is that you cannot simply leave the country with your child without an agreement with your ex or a court order. Chances are that without a passport for your daughter and written consent from the ex, they would not let you go to Mexico. You are in an unfortunate situation that is not easy to resolve.
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