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Olivia Kent
Olivia Kent, Attorney
Category: Immigration Law
Satisfied Customers: 871
Experience:  Partner at Kent Law Group, LLC
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I discovered that my ex-wife stole my driver license and

Customer Question

I discovered that my ex-wife stole my driver license and passport card without my knowledge, from my wallet (i believe when we lived together) and I have no idea who she sent those documents to. I also found that she she stole some other items, like credit cards (expired ones), HSA, HRA Cards (current), among an empty wallet, an ipod. I want to press charges against her. If all this happened when we were married and while i was living with her would she go to jail if I press charges? and the other question and the main question is, she has 2 daughters, underage and they are both attending HS. What would it happen with them? they are not my biological daughters and neither were adopted but I put my last name on their birth certificate when they were living over-seas (I brought them to the states). They don't have a permanent residency, actually, they are just removing the conditions to get the permanent visa. Since I just found out about this, I want to make sure that I can do anything that is possible to avoid her staying her in the states. I was already told that legally I'm not responsible for her daughters but, since my last name is ***** ***** the birth certificate would I have some responsibility for them ?
Submitted: 7 months ago.
Category: Immigration Law
Expert:  Olivia Kent replied 7 months ago.

Hello Alexin. My name is ***** ***** I'm an attorney. I’ll be happy to help you in any way I can. This site is for educational purposes only.Sometimes - although certainly not always - experts have to give you what you deem “bad news” but that should not be a reflection of how satisfied you are with the assistance your expert provided. Experts on this site receive credit for assisting you when you click the rating (the stars) so please submit a rating prior to logging off. You aren't charged anything extra by submitting a rating.


You are within your rights to file a police report for the theft of these items. The police would then (in theory) arrest her, since theft and burglary are crimes. It doesn't really matter whether it happened before, during, or after marriage - what's important is that it happened. Regarding your other question... if you adopted the girls or if they are otherwise deemed your daughters via your name on their birth certificate they are your children as much as they are hers. Therefore, if she is convicted of a crime and had to go to jail, the girls would be left with their other parent - you. I think it's interesting that you were told that you are "legally...not responsible for" the girls. Your name is ***** ***** birth certificate. That means you signed a legal document stating that you are their father. If you now say you're not, that's fraud. In any case, I don't even believe you *would* be able to say your not - even if you're not. Family Court has a vested interest in maintaining continuity in the lives of children, and they don't often give parents a chance to "undo" their statement that they are, in fact, the parents. Very simply, this is because courts want to make sure that children are cared for and giving parents an "out" isn't really conducive to stability in the life of a child. Does that make sense?


Please let me know if you have any other questions or you need me to clarify anything. Please also submit a rating if you're satisfied with your assistance; this will not cost you anything extra. We only get credit for the time we take assisting you if you are satisfied AND ALSO ​submit a rating. And please don't feel like we have to stop talking after you submit a rating. I'd be more than happy to continue working with you after that as well.

Customer: replied 7 months ago.
I have been told, not once but several times from different lawyers, that I'm only responsible if they were born from the marriage or if they were legally adopted because I tried to include them when I file divorced and even the form that I filled out states, if we had children born from the marriage or if they were legally adopted, when I said that I put my name on the birth certificate so they could be seen as children with a father in the new country, here in the states. Immigration told me first that if the mother is deported, they will be deported as well, that will not give me rights as a father will it? one of the lawyers even told me that, this certificate is really as a souvenir and does not give me any legal rights as a father. Their biological father never gave them anything, not even his lastname. Before I married the mother, they promised to be and treat me as a father and I commit to do the same for her but they just played me and basically they were always playing but never took me or respected me as a father.this is a quote from just one of the lawyers I have contacted here on this" If there was no adoption you do not have an obligation to pay child support." -mmdesq
" Adding your name to her daughters' birth certificates is not a legal adoption and you should have no child support obligation." mmdesq
"As you never adopted the children they are not your legal responsibility to support---regardless of the fat that they may use your surname.
You will indicate that you have no children of the marriage in your petition for divorce, and use the no children option." - LawTalkAre these lawyer misleading? could you please tell me where the legal article or code is about this? I'm very confused now, this are only two of a few.
Expert:  Olivia Kent replied 7 months ago.

I really want to tell you what you want to hear, really I do. And giving you the information you wanted is likely what some other attorneys did. At best the info they gave you was incomplete, at worst it was wrong. Certainly, if these are not your daughters, if mom is deported her daughters could be deported with her. However, you claimed on a US legal document when these women were entering the country that you are legally their father.

If you claim now that you are not, that is fraud. You can be criminally charged. That is not an insignificant thing.

So, yes, you *can* try argue that you shouldn't be liable for things like child support – but to be honest, I don't even see that succeeding because like I indicated earlier family courts have a vested interest in maintaining continuity for children and therefore if you were to now say you are not the father, who would be? Who would be responsible for supporting them?

The biggest issue I see for you is that by trying to get your ex deported you are saying that you committed fraud - by putting your last name on their birth certificate and claiming they are your children. And someone may decide to pursue criminal charges against you for that.

I hope that clarifies things and I sincerely ***** ***** submit a satisfactory rating based on the comprehensiveness of my response and the extensive amount of time I spent on this matter with you, but I cannot give you the information you want solely to get a satisfactory rating. I consider it unethical and just as importantly it's not helpful to you or to anyone else reading this, since this is a public forum. I wish you the best of luck with whatever you decide to do.

Customer: replied 7 months ago.
No, I actually told immigration that I'm not their father, immigration knows who their father is, they even wrote down his name, I did never claim that they were my daughters to get them residency in the states
Expert:  Olivia Kent replied 7 months ago.

Sir, you stated above "I put my name on the birth certificate..." A birth certificate is "an official document that gives information about a person's birth (such as the person's name, the names of the parents, and the time and place where the birth occurred)" You put on an official U.S. document - a BIRTH certificate that you are their BIRTH parent.

Customer: replied 7 months ago.
Mexican birth certificate
Expert:  Olivia Kent replied 7 months ago.

Then I will amend my statement... you put on a birth" certificate - perhaps the most "official" legal document there is (the fact that it is U.S. or otherwise is not relevant) - that you are their birth parent. Therefore, either you are their birth parent or you can be charged with fraud.

Please let me know if you need additional assistance or have another other questions. I would be very happy to send you an offer for premium services extending the time to communicate but I have given you the most comprehensive and accurate answer I can and the very best help I can provide you with - and I sincerely ***** ***** rating will reflect that, despite the fact that you are dissatisfied with the law. I wish you the best of luck, whatever you decide to pursue.

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