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How do I go about filing the papers myself?

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desperatedad41

Junior Member
What is the name of your state?What is the name of your state? TEXAS

My wife and I just split up and I have possession of our four year old son.
My wife is from Mexico and although we are legally married, we never filed the paperwork to get her residency so she is still an illegal immigrant.
She has stated many times that she would take our son back to Mexico with her and I would never see him again, even though our son was born in the U.S. and he is a U.S. citizen, (as am I).
I've heard that I can file some type of papers with the court that will give me custody for now and that she would then be forced to get an attorney to contest it.

Thank You
 


desperatedad41

Junior Member
Okay..........If know one has an answer for that, how about this.

If there have been no court orders, can I get into legal trouble for not letting her see our son? Because I'm afraid that if she gets the chance she will make good on her threat and skip back to her family in Mexico.

Also, without any court orders and with her being in the U.S. illegally, is there anything she can do to take my son away?

Thank you
 

rmet4nzkx

Senior Member
Until family law papers are filed you both have equal rights to the child. She could with just a copy of the birth certificate, take the child to Mexico. I suggest you contact a family law attorney and file for custody at least and an order for the child to remain in the state of Texas. ALso check out this site http://travel.state.gov/Publications/int'lchildabduction.html
 

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