Does the childs preference matter in custody? 3 Answers as of February 13, 2011

My wife has served me with divorce papers on the 18th of August. We have two children who are 13 and 11. I am scared that their mother will get more custody of them than she should get. Both my daughters have said that they would prefer to live with me than her. Their mother is very argumentative and defensive and likes to stir up trouble. Does the fact that my children want to live with me change anything?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
If your husband entered a long time ago, he may have a social security number, like many other who came in the 90s or the 80s. A social security number is easy to obtain at that time, as not much documents were required to apply for one. That changed after 2001. Now social security must verify your work authorized status before a number can be issued to that person.

You must have $1470 to file for the work permit, an attachment to the green card. It allows you to work while you are waiting for the green card case. There is no work permit to save money for the green card applications, unfortunately. After the case is filed, within 90 days, USCIS will issue him a work permit. He can then use it to apply for social security number because he is work authorized.

The work permit will expire in one year. If his green card is denied by USCIS then the work permit EXPIRES at that point. USCIS can deny his applications because (1) he did not enter with a visa and was not protected by 245(i) (grandfathering if an I-130 or I-140 was filed on or before April 30, 2001), (2) he had past convictions that make him not able to apply, (3) the officer does not believe the marriage is a true marriage (bona fide marriage). If he did not enter with a visa, you should find out more about whether an old I-130 or I-140 exist that was filed before April 30, 2001.
Answer Applies to: California
Replied: 2/13/2011
Goldberg Jones
Goldberg Jones | Zephyr Hill
Yes. Generally speaking children of this age can get their way after giving mature reasons to the social worker/mediator. There are a lot of other factors to consider and I strongly suggest you at least consult with an attorney.
Answer Applies to: California
Replied: 9/4/2010
Click to View More Answers: