Grand Prairie, TX asked in Divorce, Family Law, Child Custody and Immigration Law for Texas

Q: How does a divorce with an undocumented parent go in Texas? Will they loose there rights as parent's and get deported?

Both married in Texas, not in agreement and without legal representation with two minor children under age 15 years of age. The mother is being tormented by this individual, should she do more than look for a lawyer to protect her and her children's rights?

2 Lawyer Answers
Hon. Richard W. B. Davis
Hon. Richard W. B. Davis
Answered
  • Divorce Lawyer
  • Bryan, TX
  • Licensed in Texas

A: An undocumented parent does not lose his or her parental rights by getting divorced in Texas. It is doubtful that getting divorced will precipitate a deportation. However, at the end of a divorce one party or the other (usually one of the parties' attorneys) is supposed to submit a form reflecting the details of the divorce to the Bureau of Vital Statistics. If ICE started trolling through such BVS forms, it is theoretically possible that ICE could learn where the undocumented parents are and then take action. In my opinion, it is unlikely.

Kelly Case
Kelly Case
PREMIUM
Answered
  • Divorce Lawyer
  • Frisco, TX
  • Licensed in Texas

A: Anyone can apply for a divorce as long as they are a resident of the county in which they file their legal action. She will not lose her rights as a parent. Immigration problems are another issue for which you will have to consult an immigration lawyer. Those policies change so frequently that you must consult with someone that handles that type of matter routinely. I am unclear what you are asking in your last questions, but I definitely think she would be better off hiring a lawyer - this might be her first divorce and seem very unusual, but a good divorce/family lawyer will have handled hundredfs of them and can help navigate through the legal system. You only get one chance to get it right!

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