Legal Question in Family Law in Texas

International Divorce

My wife and I are both citizens of Trinidad and Tobago. My son is a US citizen, born in Texas but lived with us in Trinidad and Tobago for 5years. She took him for medical treatment in Texas two years ago and has since overstayed her time and is now an illegal alien, against my wishes. She has now sued me for divorce from a Texas court. Can an illegal alien have such authority? What are my options in terms of custody of my son? She has ask for sole rights to him. If she is deported, what happens to my son? I have travelled four times to Texas to visit with my family - most recently December 2006-January 2007. I love my son and need him. Can you assist please?

Kenneth


Asked on 5/29/07, 2:41 am

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

Re: International Divorce

There are 100's of 1000's of illegal aliens in the US & they all have the rights to our Courts. If she meets the residency requirements for TX she can get a divorce here. Wonder what would happen if you sent the divorce petition to the INS. Just because the child is a citizen does not permit her to stay here.

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Answered on 5/29/07, 9:12 am


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