Legal Question in Family Law in Florida
child custody
MY ex-spouse is an illegal alien and we were divorced over 5 yrs ago can I petition for custody since she has deportation order over 8 yrs? I also pay child support through Florida should I continue knowing this.
2 Answers from Attorneys
Re: child custody
You could file a Petition for Modification of custody. A Family Court judge is not likely to change custody based solely on your ex-spouse's immigration status. You have a legal obligation to pay child support until a Court Order is vacated by a Judge.
Re: child custody
If you feel that it is inevitable that your ex will get deported, then you may want to petition for custody. However, I would imagine that because your child is (presumably) a US citizen, that immigration would take that into account when deciding whether to deport your ex.
As far as I know, the US government is not in the business of separating parents from their children.
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