my bf is trying to get a divorce from his hope to be ex wife, but she resides in canada and the laws are different from those in united states, but yet they married in california. he has a son by her, but yet cant see him, and cant have visitations with him or any contact because he cant cross over into canada due to passport laws etc. the smallest crime prohibits access from entering canada borders and his wife is in canada and is a citizen there. she also cant come to the us due to giving up her rights when she crossed over into canada when her mother passed away. so she would have to wait the penalty they give which is 3 years before she can come back over to the united states again. he wants a divorce now, and she does too, but different laws for 2 different countries. plus she wants to enforce child support for their son, and my bf is willing to pay her, but she wants over 800 dollars for one child and the courts up there cant make my bf pay 800 when he lives in united states.
124448
International divorces are very complicated, and every case is different.  You will need to consult a divorce attorney who specializes, or at least has some experience with, international divorces.\nFor more information on all the issues involved, see http://www.international-divorce.com/key-points.htm\nFor information on the divorce process and hiring a lawyer, see http://family.findlaw.com/divorce/divorce-help/
53719
So, he has a conditional residency right now? If he does, and you guys got a divorce before the two years, he loses it. There's a reason they put conditions on it, they want to make sure the marriage was authentic and not just to get his residency. I don't know if there's anything he can do because this is going to look bad in the eyes of the BCIS. BUT you are the U.S. citizen, so it's more likely that the court will grant YOU the custody.
401907
If he has visitation rights, and your moving to another country may make it impossible for him to exercise his visitation rights, then yes he does have grounds for seeking an injunction against you. Whether a judge grants that injunction, depends on the facts of the case.\n\nYou have to show that your husband explicitly waived his visitation rights (signed waiver) or he implicitly waived his rights by neglecting or abusing his kids. The infrequency of his visits is irrelevant. The circumstances of the divorce, with the exception of physical or sexual abuse, are irrelevant particularly if your ex-husband has been granted visitation rights. Your 12-year-old son's desires are only marginally relevant to the judge taking it into consideration in light of the totality of the facts. That your 2-year-old does or doesn't remember your ex-husband is irrelevant. The common law recognizes that parental rights are sacred, and these include the education, discipline of children, and their love, support, and companionship. You have to really show some character defects of your husband that would pose unreasonable risk of harm to your children before a court would relinquish his visitation rights.
57144
Sorry this is so long, but bear with me.\n\nThe law begins with the premise that you are the father and share in the obligations of your own child's upbringing. What you are asking is to have an exception or an easing of the costs based on need because of financial strain or unfairness due to the inequity of paychecks. Your side will be the one to have to convince and persuade because her side has law. In the end, even a good persuasive argument may not stand if there are no laws with which to draw on in your favor.\n\nLook closely at your side then. I am not trying to attack your side by these questions. I am merely saying that such questions may be asked by the legal decision makers or legal financil aid providers and you need to know your side has the strength to convince. Here are some questions to be prapared on:\n\nIs your limited income due to irresponsibility - Did you have to get a new job because you were fired from your old one? Have you wasted reasonable opportunities to have a better job - For example, do you have a degree and qualifications for a better job but chose a low paying job instead?\n\nWill your income likely grow again in the near future - Eight years ago we moved to a new state and my husband had to begin over again on the payscale. We began that first year on less than 18K, but we moved up quickly to now being quite comfortable by regional average income standards. If you are likely to move up in pay, that will be taken into account especially if you are asking to be excused altogether from the burden of support.\n\nHow much money is needed to raise a child in the location in which this child is being raised - Surely 70K/year would be far in excess of expenses where we live and perhaps where you live. However, if your child is being raise in many of the large cities in the Northeast or California it may take about that much to survive there.\n\nIs the $70K all the income from your wife's side? Has she remarried and has her husband's income too? If so, is that 70K a combined income from her own and her husband's income?\n\nHave you provided more than monetary support? Have you been a father beyond the child support payment? If you have been actively engaged in your child's life you will have a more convincing argument than if you haven't had anything to do with him.\n\nWhat were the conditions leading to divorce? Obviously if divorce occured because she was unfaithful you will have a stronger side than if you were unfaithful or abusive. Some would think that if you messed up in these ways you made your own bed and by paying you are reaping what you have sown.\n\nHaving such information as her being able to afford Cancun while you are barely able to afford groceries is very helpful, but make sure no holes can be poked through it. Did she really use the child support money for that vacation? Was the vacation specifically in the child's interest. It doesn't sound like it, but again it is your side that will have to do the proving not hers.\n\nOK. That is the end of the questions. I hope you understand my motives are just to make you realize that you will be the one with the uphill battle. If you are using an overworked public attorney and she has an elite, smooth talking lawyer your side cannot afford to be unprepared for such questions.\n\nI do feel for you. I want to tell a true story that I feel applies when it comes to grace under unjust circumstances. I know a pastor who lovingly was counciling a man who asked him for help. This guy was having a secret affair with the pastor's wife the whole time that this pastor poured his energies into being a help to him. It all came out when she got pregnant. The pastor wanted to save the marriage in spite of it. Instead, she began lying and demanded a divorce. This poor man lost his pastorate becauset he congregation didn't want a divorced man leading their church. Because he lost that job, he couldn't get full custod
21721
You can petition her as a fiance. It is probably best to get a lawyer. My husband is from Mexico and he entered the country illegally, we married here and I petitioned him as my husband, he had to pay extra and write a statement apologizing for entering this way. I chose to join him in Mexico during his waiting time (5 mos) because he was not allowed to leave his country. He is now living here as a permanent resident, he can work legally and in 2 more years he can try to become a citizen.
232207
I have been in almost the same situation. my bf got his ex gf pregnant while we were on a short break. I went back to him and now the child is almost 3. The ex is CRAZY, wont leave us alone. We have to pay 127 a WEEK in child support, which we cant afford and havent been able to pay the whole 127 a week so my now husband will be going to jail fairly soon. To make matters worse the ex had another son 6 months ago, 10 days before my daughter was born. and is now claiming it is my husbands. SO all I can say IS LEAVE HIM. It will never end. You will be alot more happier without him. ' YOU DONT WANT DRAMA WITH HIS BABIES MAMA'.
676013
Absolutely not. For one thing it is against the law. Not to mention he is a liar and cheat and he used you and your son. I for one don't want these kind of people in my country. But I don't mean people of his nationality, I mean  lying , cheating s.o.b.'s. Don't give him anything except a shove to get him headed back to his own country. Then, you won't have to acknowledge him as the father of your child. Don't get me wrong, your boy should absolutely know and understand his heritage. But he does not have to learn that it is a raciest one. I guess I don't understand these things clearly. Why do people who hate Americans so much go to such extremes to be one?
290047
I have heard that California has some of the worst alimony laws in the country.. from a man's perspective. But I don't know any details.\n\nIf your lawyer urges you to take it, it must be good. They make a percentage, don't they? Trust a lawyer to pick up the last penny he/she can.\n\nOk, my answer is: call up a few divorce lawyers and ask. Most will answer such general questions on the phone for free.\n\nOk, my two cents is: WTF, half of all your assets and 8 years of alimony is not enough? You can't find a new job or husband in 8 years? Or did you just want to find a boyfriend to spend your ex's money with? Cuz he can't quit his job even if he wanted to, now, because he would go to jail for not paying you alimony. No wonder OJ was mad.
387175
If they arent a citizen of the US, from what I gather they can come back.  But if you owe and are a citizen, you cant leave the country.  They will make you pay it all the way up to current before releasing your drivers license, passports and such.\n\nBest advice would be for him to start to pay on it, to make an effort to take care of his kids.
169557
Edited because of additional information.\n\nBasically, the important part of my answer holds:\nIf you become a US citizen, how you will collect depends on where you live (state / whatever). If you are living in different states but those states have no agreements, your state might issue an outstanding support warrant for his arrest, but he may never go to jail. How it will work depends on where you are living, where he is living, and how willing he is to pay.\n\nIf you do not become a US citizen, collecting child support will probably be even more difficult. In addition to the problem of state governments not cooperating, you'll have to worry about federal governments as well. And child support probably is not a top priority for international dealings.\n\nIf you are concerned about collecting *before* you become a citizen (but will become one), the situation will probably be treated the same as if you do not become a citizen, with the exception that having direct family in the US (your child) entitles you to get a speedy citizenship. I am not sure exactly how it works but you can probably find out by calling the INS (or whoever you got your visa from).\n\nIn each of these cases, because child support is a legal issue and the courts are designed specifically to prevent individuals from doing anything for themselves, you're best (really only) option is to find a lawyer who specializes in family law. Tell him/her your situation and, if he or she is not able to handle your situation, s/he will probably direct you to someone who can.\n\nNote: If you are in the United States when your child is born, the child will be a US citizen. The nationality of the baby does play a roll, and if the individual you wish to collect from is in the US, that will be a very important piece to collection. With regard to the legal process: yes, it will be completely different depending on where the child is born (or a citizen of).\n\nHTH
319976
It's kind of hard asking that question since I'm American and I know the American guidelines.\nThe only thing I can think of is to contact your court system.  Let them know your husband is a bigamist(means being married to more than one person) and that he's living in a different country and what can you do to make things right for yourself along with putting him in his place.
443956
Not the proper way of handling the situation , try divorce first as you may be open to a federal charge for taking the kid across state lines . The father has rights also in spite of your differences.
57891
I think that depends (No, I am not positive about this) on the terms outlined in your divorce decree regarding visitation rights for your husband. Does your divorce decree say anything about how many miles away you can take your child to live from his father?  If this move would be further away than what is allowed by the terms of your divorce, I think you would be required to go back to court and ask that it be amended, and your ex could appeal it.
28899
Your divorce may be complicated. Generally, the United States will accept marriages/divorces from other countries. I would consult your local lawyer / government about the divorce.\n\nI would be suspicious about his intentions to bring you over here. Coming over here would put you at a serious disadvantage due to your lack of experience over here.\n\nMy advice, divorce the bum there. Don't come here, it smells like a trap to me.
218270
I think you are stuck.  Your rights as a mother are no stronger than his rights as a father.  You both have rights as parents, and that means that neither of you can pick up the child and move out of state without the permission of the other.  Would you like it if he decided to move to California with your son but not you?
553706
He shouldn't be allowed visitation without paying child support.  That is what I was told when I got divorced, and even though my ex can be a raving *itch sometimes, she gets her check, and I get my visit....\n\nThat's just the way the world works.  Your lawyer should not only speak for you, but should insist that visitations be stopped until child support is enforced.\n\nAlso, I agree with the continuation, based on your current condition.\n\nBest of luck to you....
290373
Time is the only thing which will provide answers for you. Perhaps your mother does not deserve your trust, repect and honour, and if that is true, I am sorry. Your mom is supposed to be the one to provide guidance to you, but for some reason you aren't listening to her. If your bf does not have legal status in the USA, you don't want to endanger him, so moving in with him would make him vulnerable. I suggest you stay with your mom for the present time, and take the time to figure out how to make things work. Maybe you can help you bf get legal status without marrying him. It is very difficult to obtain status through marriage now. Good luck in your future......just give it a little more time.