Legal Question in Family Law in Illinois

I husband is Mexican illegal and from Mexico City, Mexico and wants to divorce me and I am US Citzen and I am married to him and he thinks he is going to get legal custody of our two children. All want to know is does he have legal right in the usa since he is a illegal aileen living in the United States of America?


Asked on 1/09/10, 1:26 pm

2 Answers from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

My recent experience is that if you have filed a divorce you should seek an order restraining H from taking the kids out of the country. He has to first obtain legal custody of the kids and then seek court permission for their removal to Mexico. It is not easy to obtain removal to another country. The fact of his illegality should not be a basis for removal. If you have not filed you should do so as quickly as possible, or he will attempt to leave the country before a divorce is started. He hopefully will be topped at the border if he does not have your written consent to take the kids out of the country.

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Answered on 1/14/10, 1:37 pm
John Steele Steele Law Firm

All human beings in America have certain legal rights, such as the right to see their children. You need to file for divorce immedately and get an order that the child cannot be taken out of the state. Let me know if you have any questions.

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Answered on 1/15/10, 10:44 am


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