Can I get sole custody of my son if the father was deported? 2 Answers as of August 14, 2011I'm trying to get sole custody of my son, father deported to mexico. I have always supported my self and my son. Only reason I need to do this is to renew my son's passport. To travel with him outside US, I need his passport but I can't get it without dad or proof I have sole custody.
Michael Apicella | Apicella Law and Mediation
Given the limited facts you stated in your question, it sounds likely that you would be able to get an order for sole legal and physical custody. You will have to first file a motion with the court requesting such custody orders. You didn't state in your question whether you were or are married or not to the father. I would suggest you contact a local family law lawyer to help, or go to your local courthouse, where they should have a legal self-help center that provides free legal assistance. Good luck!
Answer Applies to: California