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?

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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

Answers:

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

Answered 6 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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