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My husband had a kid with another woman before i met him, can i take custody of his kid ?

Bolingbrook, IL |

he has a kid who is 3 years old , & Ive been married to him a year already , i just met his kid not so long ago but i want to take custody of him . him & his kid are in Mexico right now but my husband is not a us citizen , can i still take custody of the child who doesn't have papers ? the kids mom left them not so long ago too . is there anyway i can take the child with me to the u . s ?

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Attorney answers 5


You have no standing to take custody of the child. In fact, Illinois does not even have jurisdiction over him. If you wish to bring the child to the US with the father, you should discuss this matter with an immigration attorney. I will change your practice area so the immigration attorneys see your question.


You might be able to adot him but first there is the matter of getting them to he US. Consult an immigration attorney who has family law experience,

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Peggy M. Raddatz

Peggy M. Raddatz




When you say the child doesn't have papers, I assume you know firsthand that he was not born in the United States and that his mother was also not a US citizen. If either of these assumptions are untrue (the child is a U.S. citizen and/or mom is a U.S. Citizen) then you may wish to consider pursuing a short-term guardianship. You will need both parents to sign the guardianship and you will also need to have a Release to Travel signed by both parents.

As the previous answer indicated, you may wish to discuss the matter with an immigration attorney. My answer is only intended to provide you with possible direction. I am not an immigration attorney and only have a limited knowledge of immigration law as to issues which have presented during my representation of clients on other issues.

Good luck!

This response is being provided for information purposes only and does not constitute an attorney client relationship. Furthermore, I am only licensed to practice law in the State of Illinois. While there are oftentimes similarities between States' laws, there can also be large differences. You should not rely on this response as legal advice and are highly encouraged to speak to an attorney licensed in your State for an accurate legal answer.


Step-children are considered children for immigration purposes. If you are a US citizen or permanent resident you can file a petition for your husband's son, who is your step-child. I'm attaching a link to a USCIS website with more information on the subject. Good luck! - 312.641.0771 - The information above is general in nature and is not intended to create an attorney-client relationship between us. It is intended simply as background material, is current only as of its indicated date, and may not include important details and special rules that could be applicable to your case. You should consult an attorney directly before acting or refraining from action.


You can file an immigrant petition for him as a step-parent. Talk to an immigration lawyer. Shouldn't be hard to do as long as you remain married to the father and as long as the mother does not have court custody.

That won't be considered adoption but it is not necessary to adopt him for immigration sponsorship.

Dhenu Savla, Esq.
SwagatUSA, LLC

This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.