Monday, January 21, 2013
Do I need to sue my ex-girlfriend for domestic violence? And get the custody of my 2 daughters I had with her?
Q: The women that I was living with for three years, threw me out with all my cloths to the street. I was been mistreat and threat by her family, when she moved them in to the house. The woman and I had two daughters. I found out after she threw me out, she moved with her lover. She seldom let me see my daughters its been several months now. She told me do not come ever or will sue me, so that I can loose the custody. I am 25 years old I came illegal to this country, now I'm about to loose my daughters and will probably be deported or send to jell, she threaded me to call 911 and tell them I will rapture my daughters. She is a USA citizen..I am afraid that I will never see my daughters again. Please Help me!
David’s answer: First, you must immediately file for custody if you truely want your daughters to live with you instead of with her. The longer you wait, the more likely it will be that the Judge will wonder why you didn't file sooner. Second, as to whether you should file for an order of protection, her merely threatening to report you to USCIS is not grounds to file for same. If there are other reasons, you should review them with an attorney. Finally, you always have a risk of deportation. Whether that increases with her "reporting you" is something you should review with an immigration lawyer. -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)