Desiree:
You might find the following page interesting or useful. If you'd like
I can look up some California case laws to support the position.
http://www.ehow.com/facts_7256456_can-citizens-sue-child-custody_.html
I certainly do not admit or concede any of your allegations that I am an
illegal alien, however, for the sake of argument I present the following
for your consideration:
If a person is an illegal alien having custody of a child, and that
person gets deported or decides to return to their country of origin
then the other parent does not automatically get custody of the child.
The deported parent may petition the court to bring the child with them.
The court will make the decision based on what it believes is in the
child's best interest. Keeping the child in the United States would not
be a factor or objective of the court - especially if the other country
in question is Canada (due to it being so close and having such good
relations with the US) and the other parent (in this case, you) also
lives outside California. More so, a parent's legal status in the US is
not relevant in custody proceedings. The California court will not even
take that into consideration.
Now, let's say (and this is completely hypothetical - I am not making
any implications or innuendos) if I was an illegal from Canada and I did
get deported or decided to move to Canada. Obviously, I would request
the court's permission to take Gabriel with me. Most likely the court
would grant that request. And due to your recent arrest for possession
of marijuana you would not be permitted to enter Canada. The fact that
it is not a conviction is not relevant when dealing with immigration and
international travel issues. And once you are convicted you will be a
felon and thereby barred from entering almost every civilized country.
So, really, the likely outcome of your claims that I am an illegal
alien, if they were true, would be that Gabriel and I would have to go
live in Canada or Israel and you would not be permitted to enter either
of those countries to visit him. Help me understand how that helps your
position.
On the one hand, I am seeking supervised visitation until such time as
you stop using drugs and I am convinced that Kristopher is not a danger
to Gabriel (getting arrested for forgery and using drugs would be a form
of putting Gabriel in danger). Supervised visitation might suck but
it's better than no visitation. And if you ever stop getting high then
we could look at returning to regular visits. On the other hand,
Gabriel and I move to a foreign country and you are unable to have any
visitation due to your drug arrests.
So, you may be thinking that if I were to get deported then you could
petition for custody. But it doesn't work that way. I would contest it
then you would have to prove to the court why Gabriel would be better
off with you in Arizona than with me in Canada. From the California
court's perspective both Arizona and British Columbia are considered
"foreign" states. The state court only sees two jurisdictions with
respect to family law: itself; and every other state that is not itself.
And the US family courts consider Canadian provinces equivalent and on
equal footing to US states. If you resided in California and applied
for custody in California you might have a better chance but as long as
you're in Arizona then the court would see it as the child would be
leaving California (whether to Arizona or to British Columbia). The
court would then look at what would be in Gabriel's best interest. And
I think it is pretty clear that the court decided on November 8, 2011
what it believes is in Gabriel's best interest.
And now, allow me to be completely clear on a few points so there are no
misunderstandings: 1) I am making no implications, I mean only exactly
what I have said above; 2) nothing in this message is intended to be any
kind of threat, either directly or indirectly; 3) I have no intention or
plan of relocating to another country, state or county; 4) I do not
claim to be a Canadian citizen or national, or a citizen or national of
any foreign country; 5) I do not possess a foreign passport; 6) I am not
insulted, offended, or otherwise "hurt" by your stupid and childish
comments on the telephone about me "not being an American", and "at
least Kris is American", and that I don't have any rights because I'm
not even supposed to be here. I mean, come on, not only is that
juvenile, incorrect, and misguided, but it lacks originality and
creativity.
Fox
