If my husband is here illegally and we have joint custody of our son but he has primary physical custody, how can I get him deported before he kidnaps my child?

My soon-to-be ex-husband has been here illegally for some 15 years and never even attempted to get papers or anything until now (he’s just begun talking to a lawyer). He has threatened to take my son to Mexico and disappear. If he is deported, does custody revert to me?

Asked on July 16, 2015 under Family Law, Virginia


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

Answered 5 years ago | Contributor

I don't think that this approach is the answer.  I would strongly suggest that you seek to have him turn over his passport and if your son has a passport to turn that over as well.  I would also seek to be the custodial parent and let your attorney know why. 

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