Skip to main content

How do i get sole legal custody when the father is an illegal immigrant, and is possibly getting deported?

Reston, VA |

Unfortunately i made the mistake of putting the father on the birth certificate without thinking of the consequences if he got deported or simply decides to not be involved. He currently lives in TN and in TN when I lived there we had a domestic violence incident and currently have an order of protection in place. He served time in jail and went to ICE custody then later released on bail. Now, he might be in the process of getting a lawyer to try to prolong his stay. Not a fact, just a maybe. I don't want to hunt him down every time I would need to make a decision, like getting a signature for a passport or making life decisions for my daughter. Would a certified letter help or is going through courts the only way?

Attorney Answers 3


  1. See the answer to the prior question you posted.

    Law Office of Marc Taylor, Esq. PC, www.usavisanow.com, 888-645-6272, info@usavisanow.com , 224 W. 4th Street, Suite 200, New York, NY 10014 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  2. You could file a petition to terminate parental rights. This is very, very difficult to get approved. You should contact a local family law practitioner since this involves the laws of your state, and not the U.S. immigration laws.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  3. Answered 29 minutes ago. This is not an immigration question, but rather one which our family law & child custody colleagues will want to answer.

    Once the father will be "removed" from the country, you will not be facing a custody any longer. The problem will solve itself. Besides, in situations such as these family court judges always deem it to be in the child's "best interests" (a legal term of art in family court) to remain in the custody of the mother. You have nothing to worry about in that front.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics