Legal Question in Family Law in Texas

Fight for Child Custody

My son was born in january of 2006 and his father had nothing to do with him until september when he moved in with us, every time we fight he says if we break up he will take my son from me, but many people have told me he couldnt be cause hes an illegall immigrant in texas and hes on probation. is this true? what can i do where i can get full custody of my child?


Asked on 10/03/07, 2:49 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Fight for Child Custody

Hire a lawyer to file a Suit Affecting Parent-Child Relationship.

Move out, or kick him out.

Probation issue depends upon what the criminal charge is, and the nature and extent of his criminal history.

The Immigration issue is a tricky one. It does not dissolve or change his parental rights and obligations. IF a judge decides that it is in the best interest of the child to be placed with the father EVEN if removed from the United States, then the child conceivably goes with dad. Realistically, not a likely scenario.

If you get mad and get him removed, then you lose the likelihood of collecting on child support. It could be best for all if you don't address the immigration issue. Impossible to know without more information. These are issues to be discussed in detail with your attorney.

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Answered on 10/03/07, 2:57 pm


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