Can my husband from Mexico take my children from me?

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Can my husband from Mexico take my children from me?

I married an illegal man at the age of 20. I married for love and he married me to fix his papers

for his green card. I found out that he was cheating on me with a 16 year old girl. I wanted to divorce him then but I just had my baby and was confused. I want him in jail for rape but he said that I’m the one that’s crazy and he is going to take my children from me.

Asked on June 6, 2016 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Take the baby, go to your family's house, and then start looking for a divorce attorney.  Until a divorce is filed or an order is otherwise entered, then both of you will have equal rights to the baby.  This means that if he comes to you and wants to take th baby, he cannot forcibly take the baby from you and go to Mexico.  You would have to consent for him to take the baby for a visit.  If you allow him to take the baby before aregular, temporary, or final order is entered in the court, then he will not be legally obligated to bring the baby back to you.  You want an order in place that gives you more rights to the baby than him.
This baby is a new born.  Most judges are reluctant to remove a small child from it's mother that's otherwise a good mom.  So... you just need to be a good mom. 
Many abusers (physical or emotional) will use the threat of 'I'll take the kid away from you' as the threat to keep their wife or girlfriend in check.  If he is already using this type of manipulative crap on you, he will continue with this behavior until he gets counseling.  Some abusers never change despite repeated promises otherwise.
If you do not have family to assist you, get to a shelter or church organization to help you get on your feet.  For legal assistant, arrange for consultations with a couple of attorneys.  Call the local bar and your local district clerk for information about any legal assistance programs in your area.


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