Can a non-citizen father living in Texas be granted custody of our infant over me, the US citizen mother?

Asked 8 months ago - Austin, TX

He is a non-citizen who was here on a school visa. He is currently applying for a workers one but does not have that either. So he does not work, does not have his own home and has no steady source of income. I am a US citizen mother, in school and living with my mother whom I also take care of. He is a three month old little boy. We were engaged but are no longer together romantically. If we have to go into a custody battle, will he even be able to be granted any?

Attorney answers (3)

  1. Mark Allen Land

    Contributor Level 19


    Lawyers agree

    Answered . You need to get a lawyer ASAP.
    To directly answer your question. Yes, a non-citizen can be given custody. He doesn't loose rights as a parent just because he is an alien.

    Your custody case is the same as any other. As the mom , with what sounds like a stable life, you are likely to be named the "home parent."

    There is the concern about removal from the country. I recommend acting quickly to get orders in place.

    Good luck.

  2. Sherrie Haussner Travers


    Contributor Level 14


    Lawyer agrees

    Answered . You need an attorney quickly to put orders in place. I can see no reason thaat he would be granted custody over you, but we have not had a thorough conference about all the facts.
    I always worry about a non-citizen taking a baby out of the country when there are no orders in place. There are great lawyers in Austin, many of them on this site. Click on the Find a lawyer tab and see what you can find.
    Good luck!

    Any communication through the AVVO site with Sherrie Travers or any individual member of the firm, Travers &... more
  3. Maria Sara Lowry

    Contributor Level 20


    Lawyer agrees

    Answered . You should hire a lawyer.

    Citizenship is not really a factor in custody, but the other things you mention - stability, good job, etc. - are considered. Your ex will probably be ordered to pay child support and given a visitation schedule.

    This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

27,395 answers this week

3,023 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,395 answers this week

3,023 attorneys answering