Legal Question in Family Law in Florida

father in texas jail for deportation

we are in florida, Father incarserated in texas jail waiting on court to determine if being deported or not back to mexico. Child is 5 and dosent like him anyways. we stopped the visits seeing he isnt here to see her anyways. although we do force her to go when he was here . he dosen not usualy care for her but leaves her in the care of his sister in law and does not have Medical care for her although ordered to do so , my husband does. Are we aloud to stop the visits because he is incareserated , do we have to formaly go to court to stop them.If we want to move out of state and he does get deported what do we need to do ? can my husband legaly adopt her if he is no longer here. He only pays $36 a week in Child Support and his sister in law said if we dont send her to her house even though he is in jail.. they wont pay child support either. please help us. We are going to take our daughter to a child phsycologist in the near future. she hasent asked about him she just knows he isnt here and she wont be going to see him. she hasent even asked about when he is going to return. she has been with my husband since she was 10 mo old and that to her is ''daddy''. thankyou for your time


Asked on 1/13/08, 9:27 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: father in texas jail for deportation

I don't think any judge is going to be upset if you don't take your daughter to jail for visitation, but you should speak to a good custody lawyer about getting sole custody. If he is deported, you may also want to talk to a lawyer about your husband adopting your daughter, though the process is not automatic just because her biological father is no longer in the U.S.

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Answered on 1/14/08, 8:23 pm


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