SPARC Forums

I am on a work visa that ends in 2013 and my green card has not yet been approved even though it has been requested in 2008.
I 'd love to get sole custody of my baby and be allowed to leave the US with him if my paperwork does not come through by 2013.
Shall I diclose this info at court when I go for sole custody?
I dont think baby's father knows about my situation as I have been changing visa status for so long (since 99) that he assumes that I am a citizen.

Quote from: Tana on Aug 27, 2011, 12:40:21 AM
I 'd love to get sole custody of my baby and be allowed to leave the US with him if my paperwork does not come through by 2013.
Shall I diclose this info at court when I go for sole custody?

Absolutely- you should definitely tell the court this so they can make the right decision.

I doubt the courts will give you sole custody if you are not a citizen to an American born child.
I do not know a lot about paperwork but can't you use the baby as a reason to stay in the US now?

In order for the child to leave the US, they need a passport which you need both parents to sign for...

Very good point, ocean.

Back to the Mom....not sure that I'd support anyone "leaving the country" with a child.....and leaving the other parent behind etc....

Does NOT sound right and like that would be best for the child.

Perhaps I'm naive.   

I'm wandering how anybody in this world would assume American  mothers  automatically get custody and then do whatever want to do.  It would be both sad and sick if that were true.   

well it is a tough one.
I have been legally in the country for a long time switching from student visa to several work visas and I have spent over 50,000 in immigration fees.Green card in process through employment and it can take another 3 years.
I know having an american child does not give me any benefits in terms of changing my status
as for the question onpassport, let me say that father has not signed birth certificate and it is listed as UNKOWN. so technically speaking for now, I could request a passport.
The problem is that I can't make it on my oown with rent and child care and I am filing for child support and this could trigger custody.
I really don't know how Baby father will react and I may be worried and perhaps he wants nothing to do with his son.
I doubt a judge would want to separente a child from his mom if I have to leave in 2013
I am sure California sees cases like this all the time with so many legal and illegal immigrants so I dont think it is new to court
I wish I could go with an attorney but they asked me for 5000 that I need for day care while I work
anyway
thanks for feedback
At mixbag: I would not like to leave and therefore cut off contact with baby daddy but I can't stay legally in the country and it is not like immigration law will change for me
it is a complicated issue and I know I might need an attorney but not sure if I can afford it