Can I get shared custody if I was deported from the United States? 6 Answers as of December 22, 2010

I 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?

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William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
No. Taking children across international borders is a complicated matter.
Answer Applies to: Tennessee
Replied: 12/21/2010
Pacifica Legal Services
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
Replied: 12/21/2010
The Vega Law Firm
The Vega Law Firm | Linda Vega
This is a difficult question to answer as I am not certain if you had a divorce decree or an agreement regarding custody sharing prior to your deportation. Check with a family lawyer in your country first.
Answer Applies to: Texas
Replied: 12/20/2010
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
Yes, but you would need to hire a family lawyer in the United States to present your case in front of family judge.
Answer Applies to: Florida
Replied: 12/20/2010
Law Office of Immigration & International Trade Law
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
Replied: 12/20/2010
    Pauly P.A.
    Pauly P.A. | Clemens W. Pauly
    Your legal rights to have visitation or potentially custody of your children depends on the laws of the state where your children reside. You need to contact a family lawyer in that state who can advise you of your rights.
    Answer Applies to: Florida
    Replied: 12/20/2010
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