Legal Question in Immigration Law in Arizona
My wife obtained illegal citizenship
I'm going through a divorce.My ex was born in Mexico.She was illegally signed over to her aunt whom was married to a citizen.Her birth certificate states Tijuana, Mexico. She recently told me she wants to take my kids to live in Mexico. I don't want this. What are my rights? What are her rights? Is this grounds for me to be awarded custody of my kids? We have a divorce trial March 24. Can I ask the judge to deport her, even after she has been here 34 years?
1 Answer from Attorneys
Re: My wife obtained illegal citizenship
The family law court does not have the authority to deport your soon to be ex wife. However, you do have rights to the custody of your children. As I do not practice family law, I cannot advise you specifically about this but I do know that a spouse cannot take a child out of the country without the permission of the other spouse as a general matter.
Best of luck to you during this difficult time.
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