Legal Question in Family Law in Texas

Can a mother of two who is a illegal immigrant take the father to court in texas for custody of a child & child support?

She works under a fake SS, has no stable home, money and the father owns a house has a long term job and financially stabled.


Asked on 6/17/13, 2:04 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

It appears you are in Harris County. The Harris County family courts deal with cases like this on a daily basis. Being illegal is irrelevant. However, not being stable is relevant.

If Dad paid child support, then mom would have more money for the children so that might not be a valid argument -- so you need to be careful about arguing that mom has no money -- it could come back to "bite" you!

I actually heard one judge say "well, I'll take care of her money issues right this minute & the judge ordered dad to pay 4 years of retro child support, temporary spousal support, health insurance, medical reimbursement on the children's health care, reimbursement on tax refunds for 2 years and child support" -- suddenly dad was broke & mom was smiling big!

You need to look on this website & hire an attorney immediately.

Good luck!

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Answered on 6/17/13, 5:34 pm


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