Children, divorce, custody, and deportation?

My husband is being held for assault with a deadly weapon. The act was not against me or our children. I am filing for divorce and for full legal and physical custody of our children. He could face deportation if convicted. Now I am worried that if let’s say I die 2 years from now, that my children could be sent to his country since he is their father. Is that possible? My children are both US citizens and so am I. Thanks in advance.

if you get physical custody, simply have a will drafted naming a guardian for your children. Its impossible for your husband to get joint custody or even visitation if he is deported.

Make a will and state in who you want to have custody of your children if you die. But make sure the people you name are prepared to take on this sort of responsibility if need be.

Become informed by seeing a lawyer with regard to your question that way you will know definitely where you stand. Personally I wouldn’t take legal advice from this forum no matter how well meaning the contributor is. Good Luck!

Well why would you die in the next 2 years? If he is a convicted felon and you have a relative that you put in your will as your caretaker then you should hold up in court.

Ask your attorney when you file for divorce. Or go to the family courts for child services and ask for a legal aid Representative.

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