Could my husband gain custody of his son after he’s gotten deported?

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Could my husband gain custody of his son after he’s gotten deported?

My husband got out of jail about 5 years ago. He had gotten sent to prison and got charged with a felony. he is not a US citizen. He has a 7 year old son whos mom has never been there for him. (my husbands parents have temporary custody) and my husbands been out of trouble we recently got married and he wants to bring his son to live with us but we don’t know if its possible for him to gain custody of his soon because he was deported before?

Asked on August 24, 2012 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I think that you need to sit down with an attorney on this matter.  I am a bit confused as to his status now and if he is here (which I think that he is).  Hopefully legally. What concerns me more than the deportation issue is the felony issue.  Please speak with an attorney as soon as you can. 

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The deportation will not directly affect his ability to get custody of his son in that he is not automatically disqualified from asking the courts to give him back his son.  However, the deportation will potentially affect his ability to show up in court and pursue his case.  Your first step is to talk to an immigration attorney to get permission for him to enter the country for this limited purpose.  His next step is to talk to a family law attorney about filing a motion to modify custody.  If his parents are in agreement, this is a much simpler process.  In fact, if his parents are okay with the transfer of custody, they could file the motion to modify, appear in court to testify about the changes being good for the child, and then take the child to your husband without your husband ever having to enter the country.  These are just two options based on the details that you have provided. You may want to arrange just a "consultation" with a couple of attorneys to see if other options are available depending on your husbands status and his child's status.


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