Legal Question in Family Law in California

divorce, immigration and custody

I have a friend who got married to a pregnant non citizen. They applied for her to be a citizen once the baby was born. She ended up having to stay in Mexico with the baby from the time the baby was 18 months until the baby was 3 1/2 years old. My friend stayed in the USA (he's a citizen) and sent her money each month to support her and the child. He also went to Mexico to see his daughter for her second and third birthdays and also for one additional week. During this time they decided they did not want to be together and unbeknown to the wife, my friend met a girl and moved in with her. His girlfriend and the daughter get along great. Now the wife has her visa and is back in the USA. She and the daughter are staying with a relative in their small apartment. My friend sees his daughter almost every day. He has a large apartment and the daughter has her own room in his house but is very attached to her mom and doesn't want to stay overnight. He wants a divorce and at least 50% physical and legal custody of his daughter. How does he do this and will the divorce cause the wife to be deported. Also does he have the right to take his daughter overnight or is he better off letting the little girl decide when she's ready?


Asked on 4/22/08, 1:36 am

1 Answer from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: divorce, immigration and custody

he needs to file a petition for dissolution of marriage and an order to show cause regarding custody and visitation. he has the right to stay with his daughter overnight, but if his daughter's not comfortable, then he should develop his relationship with her first.

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Answered on 4/22/08, 3:52 am


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