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Divorcing an illegal immigrant

Statesboro, GA |

So i'm wanting to divorce my husband who is illegal and we have a daughter I gave our daughter my last name.. he isn't on her birth certificate due to he has no ssn. He said in the papers he wanted the judge to say she gets his last name and he gets her every other weekend... I don't trust him due to I fear he's gonna take her and go to Mexico that's why I wont give her his last name cause he'll then be able to do that is there anyway I can stop him from doing that?

Attorney Answers 4


  1. Let me start out by stressing: DO NOT FILE A CASE WITHOUT A LAWYER! (And if he filed, geta lawyer within 30 days of service!). There is not much doubt that a judge will rectify your error in not placing the father on the birth certificate (which could have been done with no SS number). As for his last name, it is traditional but not mandatory that a child of a marriage have his father's name, so that is now an issue the court must decide.

    As to visitation, it is a very rare case where there is not visitation. Simply saying you fear something is not going to change that. In some cases, concrete facts, argued correctly, might. Those might include his legal status. It is very unlikely that you will know how to present such testimony and argument effectively in court, so if this matters to you, you need a lawyer.

    Good luck!

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you. Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  2. This is a family law issue, not immigration.


  3. Not an immigration question ... believe it or not,it is a plain, ordinary divorce question.

    IMMIGRATION LAW PROFESSOR for 10 years -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.


  4. Child abduction is a serious issue especially when talking about child abduction to another country. It is difficult to get a child back after a parent has taken him/her to another country because at that point you are at the mercy of the other country. If you have a fear that your husband will take your daughter to Mexico and not return her then you need an attorney that has experience dealing with international child abduction.

    Shalamar J. Parham
    Atlanta Divorce and Family Law Attorney

    The above is for general information and is not legal advice. No attorney-client relationship or attorney-client privilege has been created by this response. For legal advice regarding the facts of your case, consult with an attorney.

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