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?
Divorce / Separation Lawyer
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.
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3 lawyers agree
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.
Divorce / Separation Lawyer
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.