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