Can I get shared custody if I was deported from the United States? 6 Answers as of December 22, 2010I was deported a year and 6 months ago. I have 2 children; they live between their grandmother and their mother in the US. I do not want to be separated from my children. Is there any law locally or internationally can allow me to have my children for at least some time every year?
Pacifica Legal Services | Floyd Fernandez
It is possible, but unlikely. However, that is a family law matter, not an immigration law matter. However, if your ex-wife is the primary custody holder, then your children, especially if they are U.S. citizens, cannot be removed to visit you or stay under even a joint custody arrangement, without the court's order and your ex-wife's written consent. And the best interest of the child is going to be considered, not your desires or what you consider to be your rights. And impoverished or unsafe conditions will be considered, especially if you are in Mexico where so much violence is occurring.
Answer Applies to: California
Law Office of Immigration & International Trade Law | Linda Liang
Deportation deprived you of your privilege to be in US. it does not mean you are not entitled to custody to your children. A judge will determine based on totality of circumstances. You should contact a family lawyer and an immigration lawyer for the chance to be present in court.
Answer Applies to: Florida