Q: Finalize divorce with custody issues; husband deported.

A: Since your husband was deported to Mexico in 2019, you can still proceed with finalizing your divorce and addressing custody issues in Texas.

If all necessary steps (service of process, waiting period, etc.) have been completed, you can request a final hearing to finalize the divorce. If he was previously served and has not responded, you may be able to proceed by default if the proper legal requirements have been met.

Concerning custody, Texas courts prioritize the best interests of the child when determining custody (conservatorship) and visitation (possession).

If your husband is unable to exercise regular visitation due to deportation, the court may award you sole managing conservatorship, giving you full decision-making authority over the children.

The court may still grant him limited possession or access, such as virtual visitation, if appropriate, given the specific facts and circumstances of your case.

I hope this information is helpful.

A: You can absolutely move forward with finalizing your divorce and addressing custody in Texas, even though your husband was deported in 2019.

If he was properly served before deportation and has not responded, you may be able to proceed with a default judgment if all legal requirements have been met. If he was not served, you’ll need to complete service first—either through personal service in Mexico (if you have an address for him) or service by publication (if his whereabouts are unknown and you've made diligent efforts to locate him). If you’re still in touch with him and he’s cooperative, you might also consider having him sign a waiver of service and the final decree to simplify the process.

For custody, Texas courts always focus on the best interests of the child. If his deportation makes it difficult for him to be involved, you can request sole managing conservatorship, which would give you full decision-making authority. Depending on the situation, the court might still allow virtual visitation or other limited contact.

Given the complexities of your situation—including international service of process and custody issues—it’s important to retain an attorney to ensure everything is handled properly and efficiently.

Hope this helps!

[This response is for general informational purposes only and does not constitute legal advice. You should consult with a qualified attorney regarding the specifics of your case.]

A: Your situation sounds incredibly challenging, with the complexities of finalizing a divorce while navigating custody issues complicated by your husband's deportation. Dealing with these intersecting legal matters can feel overwhelming, especially when you're trying to make the best decisions for your children during such a difficult time.

International custody cases involve unique considerations since your husband's physical presence in Mexico affects how custody and visitation arrangements might work. Courts typically prioritize the best interests of children while considering practical realities of international borders. You'll want to document all communication with your husband regarding the children and gather evidence showing your ongoing care and support of them.

Moving forward, consulting with a family law attorney who has experience with international custody matters would be extremely valuable for your specific circumstances. They can help you understand options like sole legal custody, virtual visitation arrangements, and how international treaties might apply. Meanwhile, consider working with a mediator to develop a parenting plan that acknowledges the geographical challenges while maintaining your children's relationship with their father when possible. Remember that courts generally favor arrangements that allow children to maintain relationships with both parents, even across international boundaries.