Custody after Deportation of Ex-spouse

[HappyAndIKnowIt 24]

Obviously, I realize this is an immigration forum and not so much domestic relations, but I thought some might be knowledgeable on the topic.  In my ongoing saga, my wife's attorney has now threatened to file for my USC infant son to be sent to Ukraine if my soon-to-be-ex-wife is deported.  Even if that fails, I am concerned with required "visitation", sending my child to Ukraine, from which I believe he would not be returned.

 

Has anyone ever heard of a USC child of divorced parents being sent internationally for visitation with the deported ex-spouse against the will of the USC parent ?  Should I be at all concerned that a local court would do this ?

 

For those keeping track, only time has passed as far as everything immigration-related in my situation, although my wife and her mother have relocated to an apartment and we pass our son back and forth.  MILs I-539 still has not been adjudicated and it was filed in March 2019.  I can only guess that my wife and MIL will both receive NTAs after the holidays.

[kris&me 572]

Child and parental relocation laws in Ohio: The Basics. In Ohio, a parent cannot just pick and move to another state with a child in tow if that child is subject to a shared-parenting arrangement – unless, of course, he or she gets consent from the other parent or approval from the court.Jul 11, 2016

 

lawyer is blowing smoke

[HappyAndIKnowIt 24]

1 minute ago, kris&me said:

Child and parental relocation laws in Ohio: The Basics. In Ohio, a parent cannot just pick and move to another state with a child in tow if that child is subject to a shared-parenting arrangement – unless, of course, he or she gets consent from the other parent or approval from the court.Jul 11, 2016

 

lawyer is blowing smoke

Yeah.  What I'm concerned about is whether any court would approve.

[Ontarkie 13,918]

Yes it is possible the courts would allow the child to be taken out of the country. Get a good lawyer with experience with this situation. 

 

I've seen it happen with a few ppl. 

[Boiler 43,543]

I agree, very unusual but it has happened, normally Courts would be wary of letting the child outside of their jurisdiction but if one parent is lawyered up and the other is not, well...

 

Plus of course the Courts often do not look on these things equitably.

[Georgia16 2,858]

And I’m sure she is nervous about leaving the child here. 
why is she being deported? Would be easier if she could stay. 
 

there was a case in the news a few years ago with a custody battle and it ended up with the kids being sent to France with their dad as it was easier for the mom to visit them there as he if I remember correctly couldn’t get a visa to the us and therefore couldn’t visit them. 

[Boiler 43,543]

7 minutes ago, Georgia16 said:

And I’m sure she is nervous about leaving the child here. 
why is she being deported? Would be easier if she could stay. 
 

there was a case in the news a few years ago with a custody battle and it ended up with the kids being sent to France with their dad as it was easier for the mom to visit them there as he if I remember correctly couldn’t get a visa to the us and therefore couldn’t visit them. 

I seem to recollect it is more the hope that she will be deported than the actuality.

[databit 328]

^^Boiler was talking about this case:

 

Read the story of actress Kelly Rutherford. Her husband was deported to Europe, they fought each other for custody of their children, and HE WON.

 

https://en.wikipedia.org/wiki/Kelly_Rutherford

 

Edited December 23, 2019 by databit

[Georgia16 2,858]

6 minutes ago, Boiler said:

I seem to recollect it is more the hope that she will be deported than the actuality.

Okay well that’s sad that op would wish that with a child in the mix. It would lose a parent one way or the other. 

[HappyAndIKnowIt 24]

1 hour ago, Boiler said:

I seem to recollect it is more the hope that she will be deported than the actuality.

Not my hope.  Although she is facing a domestic violence charge and is going to receive an NTA resulting from her I-751 denial.  She planned to take my son to Ukraine and I stopped it.  She and her mother have been absolutely terrible this past year, essentially digging their own graves with immigration and divorce court.

 

We'll see how this plays out, but it's definitely not accurate to say it's more my hope than the actuality.  I'd say it's quite the opposite.

[Georgia16 2,858]

1 hour ago, HappyAndIKnowIt said:

Not my hope.  Although she is facing a domestic violence charge and is going to receive an NTA resulting from her I-751 denial.  She planned to take my son to Ukraine and I stopped it.  She and her mother have been absolutely terrible this past year, essentially digging their own graves with immigration and divorce court.

 

We'll see how this plays out, but it's definitely not accurate to say it's more my hope than the actuality.  I'd say it's quite the opposite.

She could have filed a new I-751 without you. 

[Boiler 43,543]

23 minutes ago, Georgia16 said:

She could have filed a new I-751 without you. 

We have gone through this many times, many times.

 

Obviously none of us know for certain what the soon to be ex  will do, seems most likely a Divorce waiver, naturalise and then petition for MIL who is overstaying.

 

Now nothing is ever certain in the land of Immigration but it would be reasonable to assume that this will the route which makes the whole deportation issue somewhat moot.

[Georgia16 2,858]

2 minutes ago, Boiler said:

We have gone through this many times, many times.

 

Obviously none of us know for certain what the soon to be ex  will do, seems most likely a Divorce waiver, naturalise and then petition for MIL who is overstaying.

 

Now nothing is ever certain in the land of Immigration but it would be reasonable to assume that this will the route which makes the whole deportation issue somewhat moot.

Yes exactly just doesn’t seem like op thinks there are options for her and there still is. 

[Going through 5,668]

13 hours ago, HappyAndIKnowIt said:

Not my hope.  Although she is facing a domestic violence charge and is going to receive an NTA resulting from her I-751 denial.  She planned to take my son to Ukraine and I stopped it.  She and her mother have been absolutely terrible this past year, essentially digging their own graves with immigration and divorce court.

 

We'll see how this plays out, but it's definitely not accurate to say it's more my hope than the actuality.  I'd say it's quite the opposite.

NTAs can take several months, even over a year, to receive---that's provided USCIS even SENDS one out---in some cases they just don't as things slip through the cracks.

 

An i-751 denial doesn't automatically result in a NTA being sent out immediately afterwards.  She always has the option to refile with the divorce waiver and continue the process without your involvement.  

 

If she has a good attorney looking at the case from every angle (and it sounds like she does from prior posts), presumably that lawyer put her in contact with an immigration lawyer (or perhaps consulted one on her behalf) to advise her of what her options are immigration-wise after the denied ROC.

[Going through 5,668]

18 hours ago, HappyAndIKnowIt said:

Has anyone ever heard of a USC child of divorced parents being sent internationally for visitation with the deported ex-spouse against the will of the USC parent ? 

With a court order in place, yes it can happen.

 

18 hours ago, HappyAndIKnowIt said:

Even if that fails, I am concerned with required "visitation", sending my child to Ukraine, from which I believe he would not be returned.

Likewise, she is probably concerned with never being able to see her child again should she not be able to enter the US.

 

Both of you take a chance that the other parent may not be accommodating when it comes to child visitation...Even with a court order--there is no guarantee (to you) that she will send the child back to the US, just as there's no guarantee (to her) that you will send the child to the Ukraine.  People have been known to ignore court orders/custody settlements no matter what they agreed to prior.  

 

If her ROC is approved in the future---all the better for the child involved, who can enjoy both parents more equally.