If I was deported and my wife is an unfit mother, what rights do I have as a parent in Mexico with us born children?

The mother is not properly caring for the children and had abuse done by the boyfriend I want to know what I can do to take the children from her.

Asked on July 12, 2012 under Family Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You would have to petition for custody of the children.  Those determinations are made "in the best interests of the children." Here is the catch: you need to bring the petition for custody in the county and state in which the children are located.  Otherwise a court will not have the power to make that determination.   Speak with ana ttorney in the state and county in whuch the children reside and see what the law allows for you to bring the petition by proxy (have some one else do so on your behalf).  But they are legally US Citizens and you have an issue with same.  That also has to be resolved.  If nothing else can another take custody of the children?  Good luck.

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