my husband is and illegal does he have rights over the kids

my husband and i got married in mexico and now everything has gone from bad to worse. i am a us citizen and he wont let me leave him. he says he will take my kids away. can i leave him and take my kids with me with out breaking any laws or does he have any rights over my kids.

Originally Posted by nebraskalady my husband and i got married in mexico and now everything has gone from bad to worse. i am a us citizen and he wont let me leave him. he says he will take my kids away. can i leave him and take my kids with me with out breaking any laws or does he have any rights over my kids.

Also can i divorse him here in the us since we married in mexico??

[tbyte]

You can divorce him in the country where you currently have legally established residence.
He as the same rights to the children as you.

[tbyte]

On second thought, if he is an illegal alien then the waters get really muddy. If you are dealing with an international custody dispute you absolutely have to retain an attorney. I doubt that any lay people on this forum have the direct experience you require for accurate advice.

You can leave him but if he objects you will likely need to get a court order that sets the rules, and allows for visitation and the like.

[loved08]

you can ALWAYS ALWAYS leave. it sounds like (& obviously there is) more to the story as you are saying. if you are abused/neglected & the children especially. LEAVE NOW...make a plan for when he's at work, etc & you know you'll have time. tell the kids to pack their bags or have their stuff situated for a quick removal. once you get our contact a few companies for help. there are always shelters/friends/whoever you have to turn to. but make sure you're going somewhere he won't look. NO CONTACT either. especially if he's dangerous. do NOT let the kids call him. at all. i know it'll hurt you and them but its whats best. shelters/etc will help you get an attorney. if it gets hard; just stick in there. it'll work out. faith.