I filed for divorce, my husband is an illegal immigrant, I want full custody of our son who is a citizen and be able to live anywhere in the country is this possible?

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I filed for divorce, my husband is an illegal immigrant, I want full custody of our son who is a citizen and be able to live anywhere in the country is this possible?

divorcing in state of wi husband is an illegal immigrant.

Asked on May 30, 2009 under Family Law, Wisconsin

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I think it sounds like a possibility, but I can't be certain, without a lot more facts about the entire case.  You need to have an attorney in full command of the file, for sound advice, and one place you can find a lawyer is our website, http://attorneypages.com

You might want to look for one who practices both divorce law and immigration.  You haven't mentioned what your own status is, and that might matter, as well.

If your husband isn't allowed to stay in the country, and you are, I think that you are fairly likely to get custody of your son, although I would expect the court to make some effort to protect your husband's rights -- and your son's right to have child support from him, to you.


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