Can I get child custody after being deported? 3 Answers as of December 22, 2010

I got deported and my son is a US citizen and his father filed for child custody. What can I do to keep my son?

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Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
You will have a difficult time obtaining custody. You need attorney.
Answer Applies to: California
Replied: 12/22/2010
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
First, to answer your question, I have to assume that your son is still in the U.S., in his father's custody. Since your son is a U.S. citizen, I have to tell you that you will undoubtedly have to return to the U.S. to litigate the issue of custody. It might be a different story if your son was a citizen of your native country, though you would have a nightmarish administrative battle, probably involving the State Department and U.S. Consulate Office in your country. You can have an Attorney appear for you in Court in your absence, and you can arrange to appear telephonically in many jurisdictions, but I cannot imagine the Court sending your child to a foreign country, unless perhaps his father was abusive or otherwise an unfit parent.
Answer Applies to: California
Replied: 12/21/2010
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
The issue of custody and visitation is separate from whether you can stay in this country or not. The court is charged with determining if it is better for the child to go with you when you leave or stay with dad. I can assist you with this process. Please call me for a free consultation.
Answer Applies to: California
Replied: 12/21/2010
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