Divorcing an illegal immigrant

Asked over 2 years ago - 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. Glen Edward Ashman

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  2. Shalamar Junna Parham

    Contributor Level 8

    Answered . 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... more
  3. Robert West

    Contributor Level 20

    1

    Lawyer agrees

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

  4. F. J. Capriotti III

    Contributor Level 20

    Answered . 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.... more

Related Topics

Child custody

Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.

Visitation rights in child custody agreements

Child visitation refers to non-custodial parents' rights to visit their children. These rights are commonly detailed in a visitation plan.

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