Legal Question in Family Law in Texas

Re: Husband keeping wife in place by threatening to take full custody when divor

St. Mary's law school has an immigration law clinic, which consists of third year law students who are supervised by licensed attorneys that help poor immigrants with legal situations. You might see if the law school closest to where you live has something comparable to help your friend. Unfortunately, the situation you described is fairly common with the husband using her immigration status as a threat to make her fear losing her child, although his threat is probably not a valid one. Also, the courts often award the child to the low-income parent and make the high-income parent pay child support. Her low-income alone is not a valid reason to lose the child. There are, of course, many factors considered in deciding the best interest of the child, and you and I do not know all the facts.

Re: Husband keeping wife in place by threatening to take full custody when divor

The threat to "keep the children" is one that we see frequently. It is also one that is rarely valid, especially since it takes a certain kind of parent to make such a threat. It does, however, reflect that the husband is likely to fight the divorce.

The courts can, and will, award a child to a low income parent against the wishes of a high income one. They can make that up by ordering child support for the children.

Based upon the facts that you gave, there is every possiblity that she will retain primary custody. You need to realize, however, that there are always other facts involved.

If she needs to talk to an attorney she can call me at (817) 336-8500 and I can visit with her. If she can't afford an attorney, she can call West Texas Legal Services to see if she qualifies.

Re: Husband keeping wife in place by threatening to take full custody when divor

His making more money than her is but one of many, many factors, all culminating in a finding of the best interests of the child, that determine who will get custody.

His "kicking her and the baby out" for a night sounds abusive to me. Perhaps more importantly, it's an admission that she and the baby belong together.

If she needs a divorce, she should consider his threats to get custody as simply more abuse.

Many bi-lingual attorneys practice in Texas. I recommend trying the local yellow pages or the local bar association's lawyer referral service to locate one. Good luck.