Wichita Falls, TX asked in Child Custody and Immigration Law for Texas

Q: Can an illegal that was deported, illegally returned (Texas), have his same custody agreement before being picked up?

2 Lawyer Answers
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: The original custody agreement would not automatically reinstate if someone is deported and then returns illegally. The court may reassess the custody agreement, especially considering the criminal nature of illegal re-entry.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: A prior custody agreement does not automatically become invalid due to a parent's deportation or illegal reentry. However, if the individual is discovered to have returned to the U.S. illegally, they could face legal consequences related to immigration, which could indirectly impact the enforcement or viability of the custody agreement. Courts generally determine custody based on the best interests of the child, considering various factors, including the parent's stability and ability to provide a safe environment. If the parent's illegal reentry becomes known, the other parent or another party could petition the court to modify the custody arrangement based on changed circumstances. It's important to note that both family law and immigration issues are at play here. Engaging with an attorney who understands both areas would be beneficial to navigate the situation effectively.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.