Conclusion

[Keith NC]

I really appreciate all of you with your comments and encouragement and taking the time to listen to my story.  It has meant a great deal to me.  Like I said I have been lurking for a while and read most of your posts.  I learned a great deal from each and every one of you.  I can't thank you enough for all your help.    

The final custody hearing is the week of July 26th and I don't think much is going to change.  I am going for full custody but it is extremely difficult to get a child away from their Mother in a court of law.  I wished that it was differnent because there are alot of good Fathers out here that are a better parent than the Mother.

One last thing my ex has a boyfriend now.  Poor guy. God help him.

LOl

Keith

[wizard]

... in response to Conclusion, posted by Keith NC on Jun 10, 2004

Keith,

Thank you for sharing your story with the board... I empathize with your experience and can only imagine the hell you have / are going through... Much like a nightmare that won't end... We all enter into this endeavor hoping for the best, but sometimes we're ill prepared for the cards we are dealt...

I think mud is on the right track... Find a good family lawyer that specializes in the father's side of these situations... With supporting testimony, police reports and witnesses to her behavior, you may be able to get full custody...

Just what is her immigration status??? If you were married less than 2 years and you haven't filed a USCIS Form I-751 (Petition to Remove the Conditions on Residence), I would think her permanent resident status is in jeopardy... There are ways she can file this form on her own, without you, if she can prove that you battered her or subjected her to mental cruelty... For me, this would be all the more reason to be sure there is a court record of her behavior during the marriage...

Here's a link to the USCIS I-751 requirements webpage:
http://uscis.gov/graphics/howdoi/remcond2.htm

Best wishes

Mark

[Ray]

... in response to Re: Conclusion, posted by wizard on Jun 10, 2004

Actually, she can apply for a waiver of the joint filing requirement for the Form I-751 without proving that she was battered or subjected to extreme mental cruelty. If the marriage ended in divorce or annulment, she only needs to show that she entered into the marriage in good faith.

The waiver based on being battered or subjected to extreme cruelty would apply in the case where she is still legally married.

Ray

[mudd]

... in response to Conclusion, posted by Keith NC on Jun 10, 2004

Ken, it sounds like isnt had to prove that your ex is unstable. i think you need to hire a GOOD family lawyer, one who specializes in divorces and child custody. my friend went through a similar thing,he called "lawyers for fathers" or something similar to the name, got all the info on the ex, got statements from friends, family, her past info and it was a slam dunk.