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mmdesq
mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 517
Experience:  Attorney with 13 years experience.
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My sister was living with your boyfriend for 13 years and had

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My sister was living with your boyfriend for 13 years and had three children with him. Recently, things became too intense and my sister left her husband and ended up at a relatives home with her children. She claims that he kicked her out and he claims that she left. She was taken to the hospital for having a nervous breakdown days later by her boyfriend. He is now in a thought that he no longer wants to be with my sister (on and off) and that he will fight for custody of their children. He is an illegal immigrant and has a criminal record. He tells the family that his criminal record has cleared just some time ago. My sister does not have a job and now has this stay at the mental illness center on her as well. We, the family, would like to know how we can protect the children in case this gets more complicated. Can the family have custody of the children at one point?

mmdesq :

Good Morning:

mmdesq :

Grandparents have standing to file for custodial rights independent from your sister. If the children are living with other relatives, aunts, uncles, cousins, etc., they can have rights to file under en loco parentis doctrine. The best current plan of action would be to support mother to address any mental health concerns as she is the best person to oppose Father as the other natural parent. In the mean time MGPs should also file to intervene in the case so they can ask for their own rights and custodial time period. This will be especially important if mother mental health does not improve. I hope this is helpful. Good Luck.

Customer:

But what about his legal status? Do you know if that is a major factor whether he can even think of getting the children?

Customer:

But what about his legal status (criminal and legal status in this country)? Can he actually get the custody of the children even then?

mmdesq :

His criminal status is definitely an important issue. The more severe the criminal allegations the larger the prohibition against future custody rights. The question of his immigration status is very concerning considering that the children can be removed from the state and/or the country. These concerns regarding Father's criminal history and immigration status are absolutely strong factors that should be argued in favor of the stability of maternal family, whether it be grandparents or other maternal relatives.

Customer:

thank you very much.

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