Domestic violence,want to take my baby with me to mexico, her father threats me saying I can't?

You need to get a lawyer and you need one specialising in family matters

Correct.

If you take that US citizen baby out of the country, you are guilty of kidnapping, which is rewarded with 5 years in jail MINIMUM. In fact, it can be as much as 25 years.

No matter how much of a jerk the dad may be, the CHILD has the right to stay in its home country USA, even if you move back to Mexico. If you want to take the child with you, you'll need written permission from the dad.

Don't think for a minute that you'd be safe in Mexico, as the US will use its powers to free the US citizen child from Mexico, at which time they will also find you, arrest you, and lock you up.

Breaking toys isn't really domestic violence. Its actually a good thing that he took his anger out on objects rather than you or the baby. If you really don't want to be with him because you had a rare fight then just move out.

You do not state whether you are married to the father of your baby or not. If you are not, then he has no parental rights unless he sued for them in a court of law. In the absence of a court order granting him parental rights, as far as the law is concerned you are a single mother with sole custody. You can go back to Mexico with your baby at any time without fear of legal consequences. The fact that your baby is a US citizen is irrelevant at her age. The child goes with the parent. Your child is the only one who can assert her own citizenship rights and she has to be an adult to do so. For the father to make any kind of case of custodial interference he would have to establish his paternity first. And that also means that he becomes subject to the court's jurisdiction in the matter of child support. So he can either pay up or shut up. His choice.

Document the domestic abuse, find a family law attorney willing to take the case pro bono and move to sever his parental rights. Just taking her would be abduction and you'd end up in jail. It sounds like he's an unfit parent so just prove that to a judge and you should be granted sole custody of your daughter.

he's perfect. you like his permission to take the toddler in another usa. What form of visa are you on you may not artwork. while you're unlawful, you would be deported and the little you may acquire to the daddy.while you're taking her without his permission it truly is kidnapping!!

There is no reason why an illegal alien cannot seek custody of her child. there are plenty of international child custody disputes in this nation where one parent leaves the country with the child at the conclusion of litigation. You can raise the international aspects as an issue during the custody litigation. your immigration status should not play a prominent role in deciding your suitability to have legal custody of your child. In most cases it is preferred to foster care.I haven't come into contact with the judge going to the extent of calling the immigration at such a hearing.
However, due to the present climate, it is advisable to seek the services of an immigration lawyer to work with your child custody lawyer for the best interest of your child. The fact that a better home is available elsewhere is not really the standard by which the courts transfer custody from a biological mother
Do not be deterred by your immigration status from seeking custody of your child, the ability to take care of a child is not determined by your immigration status


This question is more of a state child custody question than an immigration question. State court judges do not have a duty to report undocumented persons to ICE, and I would argue that it is an abuse of power to do so. Generally, state custody laws are concerned with parental rights and the best interests of the child. While the immigration status of a parent might be relevant in some cases, I am not aware of any case that says that foster care is preferable to custody by an otherwise suitable but undocumented natural parent. You should retain a very good family lawyer with experience in child custody matters. An experienced immigration lawyer may be able to serve as an expert witness. that you need to either retain counsel or get something filed with the court yourself. I'd also suggest seeing whether Legal Services can help you.

The mere fact that the mother is not in the country legally does not extinguish her claim of custody and will not prevent her from being able to file an action for custody, time sharing or child support against the child's father. Depending upon an evaluation of the 20 criteria outlined in F.S. 61.13(3), it is entirely possible that the mother could end up with a greater percentage of time sharing and thus be able to obtain child support from your boyfriend

More importantly would be that unless your boyfriend and the mother (you) were previously married or there has already been an order entered that establishes his rights as the child's father, he will not be able to establish or enforce such rights (or prevent the mother from relocating with the child without his knowledge or consent) without filing an action with the court to establish his DNA

Once you have established residential custody, the issue of getting permission to leave the State united state with your daughter can be addressed. In order to get permission from the court (assuming the dad won't agree) you need to show (1) a good faith reason for the move, and (2) that the move won't be harmful to the child. Most of these requests are granted... but you CAN'T leave without either his consent or permission from the Court.


Please go get some help from your local the Legal Aid office

Yes, you would need the father's consent to return to Mexico with the baby and yes, he could take you to family court to try and stop you and could likely be successful. That could happen regardless of who wins in a custody battle as he would still have parental rights. If you ignored that court order or didn't have permission to return to Mexico with the baby, then yes, you could be guilty of parental kidnapping.

The good news is that immigration has nothing to do with family court. You wouldn't lose custody based solely on your immigration status or lack thereof. Would your partner agree to counselling to help with your relationship problems? If not, you should immediately begin documenting the abuse and the threats and if necessary, consult an attorney.

First off it is "parental abduction" that you would be committing.
Secondly Mexico is infamous for refusing to do anything about it if the child is abducted into Mexico. If the child is abducted out of Mexico they have a temper tantrum.
You need the fathers permission to get the child a US passport and a US passport is required to leave the US.
You should also get the child Mexican nationality and a Mexican passport (neither the US nor Mexico requires citizenship to get a passport).
Family court (as far as custody of your daughter) has nothing to do with immigration court. Their job is basically to decide what is best for the child. The problem is that they also have to take into consideration the rights of the parents. As Mexico has a reputation of not enforcing laws in general, it may prove difficult to get a court to allow a child to go to Mexico. Too many children have gone to Mexico never to be seen again!

sorry to hear that it's happening. In addition to reporting to domestic violence agencies to ensure you and your baby's safety, can I suggest seeking a relationship counselor's advice afterward? Since it's only 1 of the 2 fights in 9 years, maybe there are solutions to save the relationship?