Can an illegal immigrant (father) get custody of his son (us citizen) from a us citizen (mother), even if he has a felony.

Asked over 1 year ago - Cleburne, TX

He has a feloy, but he also has pictures of bruises and markings and people willing to confess that she is mean to the son

Attorney answers (2)

  1. Thomas Esparza Jr.

    Pro

    Contributor Level 19

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    Answered . in theory he could but as a practical matter, it would be hard as the felony might very well disqualify him from living in the USA. you probably need to at least consult an immigration lawyer in your area or at least dallas. elizabeth carillo is a good one in dallas.

    The advice that I give in each answer or legal is not intended to take the place of an in person consultation. A... more
  2. Ksenia Alexandrovna Maiorova

    Contributor Level 16

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    Answered . This depends on the circumstances of your case. Custody cases are typically evaluated based on "the best interests of the child" so, in theory, it is possible that the judge could find that the child is better off with you than with his mother, despite your felony. Is it likely? Probably not. You need to consult with a family law attorney to determine what your options are as far as getting custody.

    Being illegal will not necessarily bar you from having custody of your child. Many of my immigration clients who are not in legal status have gotten custody of their children. However, as my colleague has pointed out, your felony may make you deportable, so you would also be well advised to speak to an immigration attorney who has experience with criminal matters.

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