IN THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY, MARYLAND

*

MOTHER *

ADDRESS*

ADDRESS*

Plaintiff *

*

v. *

*

*

FATHER*

ADDRESS *

ADDRESS*

ADDRESS*

Defendant *

* Case No. ______

*

*

COMPLAINT FOR SOLE LEGAL AND PHYSICAL CUSTODY & MOTION FOR APPROVAL OF FACTUAL FINDINGS TO PERMIT MINOR’S APPLICATION FOR SPECIAL IMMIGRANT JUVENILE STATUS

(Submitted with Memorandum in Support of Factual Findings)

TO THE HONORABLE, THE JUDGES OF SAID COURT:

MOTHER, Plaintiff, by her attorney, Christina Wilkes, Esquire, files this complaint for Sole Legal and Physical Custodyof a Minor Child in accordance with the requirements set forth in the Maryland Annotated Code, § 9.5-209. Additionally, Plaintiff respectfully requests this Court to make the necessary factual findings to enable the Minor Child to petition U.S. Citizenship & Immigration Services (USCIS) for Special Immigrant Juvenile Status (SIJS) pursuant to Section 101(a)(27)(J) of the Immigration & Nationality Act, 8 U.S.C. § 1101(a)(27)(J), 8 C.F.R. § 204.11 and has attached a brief in support of this request. The Plaintiff respectfully represents to this Honorable Court the following:

  1. That Plaintiff, MOTHER, resides at ADDRESS, telephone number NUMBER, is 37years of age, and has been employed for approximately two years as a cook at two different restaurants, RESTAURANT and RESTAURANT, both of which are located in CITY, Maryland. She earns approximately $1000 bi-weekly.
  2. That Defendant, FATHER, is the true biological father of the Minor Child and he lives at ADDRESS. His phone number, employment, and earnings are unknown.
  3. That the Minor Child who is the subject of this Custody Complaint is CHILD (“the Minor Child” or “M.”) CHILD is a female who is 14-years-old and who was born on DATEto Plaintiff and Defendant in PLACE. CHILD is a citizenand national of El Salvador. She is unmarried and has no children.
  4. That the Minor Childpresently resides at and has resided at ADDRESS since on or about July 2012.
  5. That the Minor Childis a rising 8th grade student at SCHOOL in CITY, Maryland.
  6. That previously, from June 2012 to July 2012, the Minor Child resided in the care of US Immigration Authorities. Before that, from her birth until June 2012, she resided at: ADDRESS.
  7. That the individuals presently residing with the Minor Child are the Plaintiff and the Plaintiff’s partner, PARTNER (dobXX/XX/19XX).
  8. That Defendantphysically, psychologically, and emotionally abused the Minor Child. From a young age, he insulted and belittled her and told her that he didn’t want her in his home. Then, on or around 2008, he began physically abusing the Minor Child by beating her with his hands, belts, and other objects. The Minor Child suffered bruises and cuts from his abuse and has a permanent scar on her right arm. Moreover, the Defendant failed to provide the Minor Child with financial support and spent the $300-$400 per month that Plaintiff sent for the Minor Child’s support on himself. The Minor Child had to rely on her elderly grandmother for her daily care and necessities.
  9. That neither the Plaintiff nor the Defendant hasbeen a party or witness to any other proceeding concerning the custody or visitation of the Minor Child, nor does the Plaintiff know of any proceeding that could affect the current proceedings.
  10. That all Interested Persons are named in this complaint pursuant to § 9.5-209(2)(iii) of the Code and service will be made in compliance with the Code § 9.5-309.
  11. That service will be made on the Defendantat the following address: ADDRESS.
  12. That although the Minor Child is presently in the United States without valid immigration status, she meets the eligibility requirements for Special Immigrant Juvenile Status (SIJS) under the Immigration and Nationality Act and applicable regulations and that it is in the Minor Child’s best interests to petition USCIS for SIJS.
  13. That under the Immigration and Nationality Act, the Minor Child cannot file her petition for SIJS with USCIS until this Court, as the Court having jurisdiction over the Minor Child and her custody, makes the following factual findings establishing her eligibility to submit the petition:
  14. That this court has jurisdiction under Maryland law to make judicial determinations about the custody and care of juveniles within the meaning of Section 101(a)(27)(J) of the Immigration and Nationality Act, 8 U.S.C. §1101(a)(27)(J)(i) and 8 C.F.R. §204.11(a)(c). The Minor Child will remain under this Court’s jurisdiction until she reaches age 18, including the period of the pendency of her application for special immigrant juvenile status and adjustment of status.
  15. That the Minor Child is legally committed to, or placed under the custody of, an individual or entity appointed by a State or juvenile court located in the United States within the meaning of INA Section101(a)(27)(J), 8 U.S.C. §1101(a)(27)(J).
  16. That reunification with one or both of the Minor Child’s parents is not viable due to abuse, neglect, abandonment or a similar basis found under State law within the meaning of Section 101(a)(27)(J)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(27)(J), as amended by Section 235(d)(1)(A) of the TVPRA and 8 U.S.C. §1101(a)(27)(J)(i).
  17. That it is not in the Minor Child’s “best interest” to be returned to her previous country of nationality or country of last habitual residence within the meaning of Section 101(a)(27)(J) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(27)(J)(i), and 8 C.F.R. § 204.11(a),(d)(2)(iii).
  18. That in regards to the requested factual findings enumerated in paragraph 13, reunification of the Minor Child with her biological father is not viable due to abuse. Defendant has psychologically and emotionally abused the Minor Child throughout her entire life by insulting her and telling her he didn’t want her in his home. Defendant also began physically abusing the Minor Child on or about 2008 by beating her approximately once per week with his hands, belts, and household objects, leaving Minor Child with cuts, bruises, and even a permanent scar.
  19. That, furthermore, it is in the Minor Child’s best interest to remain in the United States in the custody of her mother, and not to be returned to hercountry of nationality, because there is no adult person in COUNTRY who is able or willing to provide her with a safe and nurturing environment and provide for her needs. If she were to return to Defendant’s home, she would again experience physical, psychological, and emotional abuse.
  20. That attached hereto and prayed to be made a part hereto by reference are:

-Copy of Plaintiff’s Salvadoran passport’s biographic page;

-Copy of Plaintiff’s recent pay stubs, showing a bi-weekly income of approximately $1000;

-Copy of Plaintiff’s partner’s Maryland Driver’s license

-Copy of original birth certificate of the Minor Child, CHILD, with certified English translation; and

-Personal Statement from the Minor Child, describing her background and expressing herwish that the Court grant Plaintiff Sole Custody.

WHEREFORE, the Plaintiff prays that this Honorable Court grant the following relief:

  1. Issue a Judgment placing the Minor Child, CHILD, under the solelegal and physical custody of the Plaintiff,MOTHER, subject to future modifications by this Court;
  2. Issue an order making the factual findings necessary to enable the Minor Child to petition USCIS for SIJS; and
  3. Award such other and further relief as the nature of the cause may require.

Dated this ______day of ______, 2013.

Respectfully submitted,

______

MOTHER

ADDRESS

ADDRESS

I HEREBY CERTIFY that I am an attorney duly admitted to practice law in Maryland.

______

Christina Wilkes, Esq.

Grossman Law, LLC

110 N. Washington Street, Suite 350

Rockville, MD 20850

(240) 403-0913

IN THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY, MARYLAND

*

MOTHER *

*

Plaintiff *

v. *

*

FATHER*

*

Defendant*

* Case No. ______

*

ORDER GRANTING SOLE LEGAL AND PHYSICAL CUSTODY

Upon consideration of the Complaint for Custody of CHILD, a Minor Child, the supporting documentation submitted therewith, the testimony of the parties, and all proceedings herein, this court finds that it is in the Minor Child’s best interest to be placed in the sole legal and physical custody of MOTHER, on this _____ day of ______of 2013 by the Circuit Court for Anne Arundel County, Maryland.

ORDERED, that pending further Order of the Court, MOTHER, whose address is ADDRESS, and whose telephone number is NUMBER, shall be granted Sole Legal and Physical Custody of CHILD.

AND IT IS FURTHER ORDERED, that the Clerk of the Court is hereby authorized to furnish two (2) true test copies of the Order to the petitioner.

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DATEJUDGE

IN THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY, MARYLAND

*

MOTHER *

*

Plaintiff *

v. *

*

FATHER *

*

Defendant*

* Case No. ______

*

ORDER REGARDING RESPONDENT’S ELIGIBILITY FOR SPECIAL IMMIGRANT JUVENILE STATUE

Upon consideration of the foregoing Complaint, Memorandum, supporting documentation, testimony, and all prior proceedings herein, it is on this_____ day of ______, 2013 as follows that:

THE COURT FINDS that the Minor Child, CHILD (hereinafter “Mariana”), was born on DATE, in COUNTRY; and

THE COURT FURTHER FINDS that M is unmarried; and

THE COURT FURTHER FINDS that it has jurisdiction under Maryland law to make judicial determinations about the custody and care of juveniles; and

THE COURT FURTHER FINDS that M is legally placed under the custody of an individual appointed by the Circuit Court for Anne ArundelCounty, Maryland. To wit, this Court has placed her in the custody of her mother, MOTHER.

THE COURT FURTHER FINDS that reunification with one or both of M’s parents is not viable due to abuse, neglect or abandonment or similar basis found under state law under. M may not be reunified with her biological father, as he physically, psychologically, and emotionally abused her. From a young age, he insulted and belittled her and told her that he didn’t want her in his home. Then, on or around 2008, he began physically abusing the Minor Child by beating her with his hands, belts, and other objects. The Minor Child suffered bruises and cuts from his abuse and has a permanent scar on her right arm. Moreover, her father failed to provide her with financial support and spent the money that her mother sent for her care on himself.

THE COURT FURTHER FINDS that it is not in M’s best interest to be returned to her country of nationality. Mcannot return to her native COUNTRY because her father physically, emotionally, and psychologically abused her and because there is no other adult person in COUNTRY who is willing or able to care for her. It is therefore in M’s best interest to remain in the United States in the care and custody of her mother, MOTHER.

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DATEJUDGE