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originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 879
Experience:  9+ years of experience in divorce, custody battles and mediation.
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I have a 3 yr old and one yr old, the father is an illegal

Customer Question

i have a 3 yr old and one yr old
JA: Have any papers been filed in family court?
Customer: the father is an illegal immigrant and has been deported and currently has orders of removal against him.he has barely been in my childrens lives and just recently retained a lawyer and has filed for primary custody we have a child support hearing i a few weeks with the attorney generals office
JA: Family law varies by state. What state are you in?
Customer: texas
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 2 months ago.
Category: Family Law
Expert:  originallawyer replied 2 months ago.

Hello! Please stand by as I work on your answer!

Expert:  originallawyer replied 2 months ago.

Hello: do you have a question that I can answer for you?

Customer: replied 2 months ago.
what are my options.Im scared of him getting the kids or unsupervised visitation because he will try and take them to mexico
Expert:  originallawyer replied 2 months ago.

It is highly unlikely that he would get supervised visitation if he's already been deported once and has orders of removal against him right now.

If he has an attorney, you should also have an attorney. The AG will not represent you, they represent the State of Texas in child support matters. The AG also doesn't make any determination of custody, they will only handle child support.

If you have been the children's primary caretaker, you have a good case for being named primary conservator.

In your hearing, you should ask the Judge for sole passport authority over the children, meaning nobody but you can apply for passports for them. If they already have passports, you should ask the Judge to order that only you can take the children out of the country, or that you must consent before he will take them out of the country.

Customer: replied 2 months ago.
you said it's highly unlikely he would get supervised visits so highly likely he would get unsupervised??
Expert:  originallawyer replied 2 months ago.

I'm sorry, I meant to say unsupervised visits. It is not likely that he will get unsupervised visitation.

Expert:  originallawyer replied 2 months ago.

Nothing is certain in the realm of family law, but Judges want the children to be in a stable environment and if there's the constant thread of their father being deported, that doesn't lend itself to unsupervised visitation.

Customer: replied 2 months ago.
are you familiar with texas law
do they take into account immigration status
Expert:  originallawyer replied 2 months ago.

I am, and they do if it will disrupt the lives of the children. While an undocumented father has rights if he is on the birth certificate of the children, he does not have the right to disrupt the lives of his children. In other words, the Judge must consider the best interest of the children even over the parent's rights. Being undocumented does not prevent you from having a relationship with your children, but it is an additional layer for the Judge to consider when determining who is the primary parent.

What the Judge will consider the most is where the children have been primarily. If they've been with you primarily, you are likely to get primary custody unless you are unfit. He would get some sort of visitation. If you can convince the Judge that he is a flight risk or at risk for deportation, the Judge will likely order supervised visitation to prevent the children from being taken to Mexico.