Legal Question in Family Law in Texas
Can he seek custody of my infant son if he is an illegal immigrant ?
The father of my 5 mo. son threatens the Courts every time he doesn't get his way about when & how often he can come visit the baby. He is in U.S. by illegally crossing mexican border again (after he was deported a few yrs ago). When I got pregnant, he didn't speak to me for 3-4 months. In turn, I wouldn't just forgive & forget after he saw the huge mistake he made. I've been the one responsible both emotionally & financially from the beginning. During my pregnancy he'd 'jokingly' say things that kept me stressed out & that I'll never forget, like ''why don't you just give me the baby & my sister will help me raise him, then you can always have another baby later'', OR ''I'll take the baby back to Mexico with me'', OR ''I'm going to speak only spanish to the baby so you won't understand''. Then the baby came, & he threatened me in my hospital room when I refused to name him ''Jose Alejandro ________''. He doesn't help us out financially each month, though he did help a couple of times, & was visiting the baby in my home 1-2 times a week. Should I be worried, or does he even have a leg to stand on? Thanks in advance for your expert advice,--name removed--
1 Answer from Attorneys
Re: Can he seek custody of my infant son if he is an illegal immigrant ?
An illegal immigrant is to some extent outside the law, or an "outlaw" and outlaws face difficultites in going to court. For instance, the INS could pick the person up at any time. If an illegal immigrant should have a legal dispute and seek to use the law to force another party to do something against their will, that other party would be likely to point out the name and location of the illegal immigrant to the enforcement agencies charged with deporting illegal immigrants. It is not something to use as a threat, and it would serve to remove a parent from the life of a child (though without court orders, a father-parent of a child has equal visitation and possession rights as the mother and could pick up the child and take him to Mexico). Removing a child from the companionship of a parent who cares for the child is not always a good thing for the child and is generally considered to be bad.
If things turn badly and you need structure in your relationship with him and the child, get a lawyer and establish temporary orders and/or a final order.
http://www.reasonable-doubt.com
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