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Marcy
Marcy, B.A., M.S., J.D.
Category: General
Satisfied Customers: 16331
Experience:  Researcher, Lawyer, Home Remodel Business, Real Estate, Cook
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A & B divorced. A kept his two daughters. Seven years ago A

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A & B divorced. A kept his two daughters. Seven years ago A was arrested at work & deported. Children were left with maternal grandmother. A is gravely ill, his children, ages 12 & 15, have pleaded with their grandmother to allow them to travel to Mexico to be with their father. She refuses citing fear that A & his family will not allow his daughters to return to the United States.
Q: What can be done if anything to fulfill the children's wishes?

Hello there

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Can you answer the following questions for me?

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Where is the children's mother right now? Would she give them permission to travel outside of the US ?

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Are the children US citizens?

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DId the grandmother ever go to a court hearing to get valid legal custody of the children here in the US or did she simply raise them after the father left and assume that the law recognizes her claim to legal guardianship over the father's claim?

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MARY

Customer: replied 3 years ago.


Children are US citizens. Don't believe gm has valid legal custody.

Hello again Joseph --

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Is the biological mother in the picture at all and would she step forward to object to this if pushed to do so by the grandmother ??

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MARY

Customer: replied 3 years ago.

I believe mother supports grandmother's decision.

Hello again Joseph --

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As the children's father, his rights to have his children with him trump the rights of the maternal grandmother in the face of the fact that there is no court order granting the maternal grandmother any type of custody or visitation rights. Now, if the mother was not in the picture I would tell you to tell him to go to the nearest US embassy and ask for passport applications and send the documents to his daughters completed and with his signature to get them US passports. However, because the bio mother is still in the picture here, she can block any attempt by the father to assist them to get US passports and to travel outside of the country. Under the current circumstances, the father will have to petition the local coounty family court for permission to have passports issued to his daughters and to get a court order stating that the girls can travel outside of the US and remain in Mexico for a certain time period set by the court. Unfortunately, in order to make the application to the local family court, the father will have to hire an attorney with experience in international custody and visitation matters To find an attorney in that county, the father should contact the local county bar association and ask to be put in touch with their lawyer referral service -- once the father makes contact with the bar association he can ask for several refferals to lawuers in your area that do free or low cost cases in family law situations. I do not see a family court denying this request so long as there is an order in place for the girls to return when he passes away or for a definitive time period and then they must return (the family courts are not heartless and want to facilitate visitation with families even if it means coordinating interstate or inter countries to do it).

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MARY

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