Legal Question in Family Law in Texas

child custody/support/name change father Mexican native not sure on US status

I have a son 3 yrs old who hasn't had contact with his father for 2 yrs. Thae last I heard from his father was 9/99.I never recieved any support and his father has always came here to see him(he's in CA).His father is from MX and has a family there and I am afraid that if I get child support from him he will have visitation and take him to MX and I may never see my son again.What can I do about this situation?Also I would like to add my last name to my sons so it will be easier for school contacting me when he starts-I don't want to take the fathers last name off,just add mine to it. I do have info on his father-ss#,addresses,phone#-but not the current address&phone# in the states.I am not completly sure of his legal status in the US either.I have some of his lawyer papers but not an INS# from this country.Please help me I feel my son deserves the monies I own my own home and will need help once he enters school


Asked on 7/10/00, 10:50 am

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: child custody/support/name change father Mexican native not sure on US statu

It's difficult for me to address your fears because I don't know the source of your feelings. But, if you want the child support, your state's attorney general might be able to help you. Since the father is absent, The AG might not include any language for visitation. However, if the father receives the notice, (and the AG has sources to find him), he might raise that issue at that time. Since the father hasn't seen the child for some time, the Court might restrict his visitation for some time. The Order could also provide that the child could not leave the state for some time. But, if the father behaves and develops a relationship with the child, at some point in time, the father's visits could be unrestricted. If he did not return the child, he would be in contempt and in violation of treaties between the U.S. and many other countries.

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Answered on 9/08/00, 8:29 am


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