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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118776
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My ex was deported to Mexico.. We have a six year old son,

Customer Question

My ex was deported to Mexico.. We have a six year old son, I am remarried and would like my son to take his stepfathers last name! My ex won't consent to this because he thinks it's his ticket back in the USA.. What should I do? He does make an attempt to call every now and then but has never been financially responsible for him.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
All you can do is file a petition for step parent adoption, which is your next step and you serve him in Mexico. Then he can come to court to try to fight it, but if you prove he is not paying support and not seeing the child then the court is in most all cases still going to grant you the adoption right with your new spouse, even if he objects. So, you need to file the petition for step parent adoption and get this into court to force the hand.
It is NOT his ticket back to the US. The USCIS will not let him back in just because he has a child here, so they are not going to help him with this.