Legal Question in Family Law in New York

Dear Sir/Madam: My husband is an illegal immigrant and he needs me to get status here. We have two babies together, but when I found out he had other affairs going on, I told him no to sex, but he raped me anyway. I went to the police and the DA is interested but my husband has to talk to the police and admit something or the case will be tossed out. I am now in a safe homes program with the babies, and he is asking me to do an uncontested divorce and he would waive his parental rights. i don't believe the court will allow someone to waive their rights just because we agree. His lawyer actually suggested that I give my husband access to the country so he can waive the parental rights. He said "you have something he wants and he has something you want." I told the lawyer I can't go into an "illegal" contract, when he is asking me to be a conspiracy to a fraudulent marriage when all my husband wanted was the greencard. i loved my husband and am having a terrible time with his threats and abusive nature -- emotionally and physically. My husband said he is going to file for custody and divorce and pay $12,000 or I can just give him an uncontested divorce and he will waive his rights. It doesn't sound right, and the process i want to do is an annulment since it was all fraud on his part. And with his nature I want to protect myself and the babies from having contact. I am on disability and cannot afford an attorney, but is it possible he will prevail based on no status, his abuse, etc.?


Asked on 3/11/10, 4:32 am

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

This is a complicated case that requires one-on-one counseling from an attorney. In a nutshell, it is possible for you to get full custody and sever your husband's parental rights and compensation for you to start a new life, again, with the assistance of an attorney. I would suggest that you contact your local attorney Bar Association or the New York State Bar Association for Pro Bono assistance. Another possible alternative is for you to get an agreement through your husband's attorney for them to pay all of your legal fees.

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Answered on 3/16/10, 5:44 am


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