QUESTION

How can my aunt get custody if she was deported?

Asked on Jun 09th, 2011 on Child Custody - California
More details to this question:
My aunt was deported to Mexico and she has a child. Her boyfriend is a US citizen. Her boyfriend wants to take her daughter away from her now that she is deported. I would like to know what can she do to get her daughter back.
Report Abuse

7 ANSWERS

Family Law Attorney serving Everett, WA
3 Awards
This is complicated and likely requires the counsel of a lawyer. More facts are needed.
Answered on Jul 11th, 2013 at 11:57 PM

Report Abuse
Administrative-Regulator Attorney serving Seattle, WA at Law Offices of Karen A. Clark
Update Your Profile
This issue is complicated because it deals with the intersection of family law and immigration law. You (and/or your aunt) need to speak to an attorney who has significant experience with both areas of law immediately.
Answered on Jun 28th, 2011 at 9:29 AM

Report Abuse
Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
Update Your Profile
Your question seems to imply that the child is still in the US, but under whose care & control? Since they are apparently not married and there have never been any judicial proceedings, there isn't much your aunt can do from Mexico against the father. But, it appears from you question that the boyfriend may or may not be the father and may or may not have the child, so it is not clear how or why he might try to "take her daughter away from her now".
Answered on Jun 14th, 2011 at 9:05 AM

Report Abuse
The fact that your aunt has been deported adds a layer of complexity to the case that will probably requiring getting an immigration lawyer involved. Let's assume that your aunt was still in this country. I also have several questions about the case. You describe the father as your aunt's boyfriend. Were they ever married? When the child was born was a declaration of paternity filed by the father? If they were never married and if there was no declaration of paternity, then, the father has no rights to the child until there is a determination of paternity by an appropriate court. Otherwise, your aunt would need to begin a parenting plan action. All of this is going to be more difficult because your aunt has been deported. That is why you will want to consult an immigration lawyer in addition to a family law attorney.
Answered on Jun 13th, 2011 at 12:31 PM

Report Abuse
Family Attorney serving Seattle, WA at Seattle Divorce Services
Update Your Profile
Under Washington law, even though your aunt was deported, if Washington was the child's home state within the last six months, the courts here still have jurisdiction to determine a parenting plan for the child, including which parent the child should reside with. Your aunt may need to file a legal action here to have a parenting plan established for the child.
Answered on Jun 13th, 2011 at 10:49 AM

Report Abuse
I am confused. Where is the child? Who currently has the child? I am going to assume the child is in Mexico with mom. It would be very difficult to force the Mexican government to disgorge the child.
Answered on Jun 13th, 2011 at 10:49 AM

Report Abuse
Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
Update Your Profile
There is a lot of missing information here. Why was she deported (did she commit a crime which led to the deportation)? Is there an order for custody and visitation now? Is her boyfriend the father and has paternity been established? If you are in my area and are looking for an attorney for your aunt, please contact me for a free consultation.
Answered on Jun 13th, 2011 at 10:48 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters