How can my aunt get custody if she was deported? 13 Answers as of July 11, 2013

My aunt was deported to Mexico and she has a child. Her boyfriend is a US citizen. Her boyfriend wants to take her daughter away from her now that she is deported. I would like to know what can she do to get her daughter back.

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Law Office of Karen A. Clark, L.L.C.
Law Office of Karen A. Clark, L.L.C. | Karen A. Clark
This issue is complicated because it deals with the intersection of family law and immigration law. You (and/or your aunt) need to speak to an attorney who has significant experience with both areas of law immediately.
Answer Applies to: Washington
Replied: 6/28/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
I have a friend here locally that does immigration work that may be able to assist. Just contact my office, and we will refer you to him. Alternatively, she could contact the Mexican Embassy or their Department of Human Relations to seek assistance. Stay well.
Answer Applies to: Alabama
Replied: 6/15/2011
Law Office of Robert L. Fiedler
Law Office of Robert L. Fiedler | Robert L Fiedler
If the child is here in Connecticut and she was deported to Mexico, your aunt should be considering how she will see her son. The likelihood of her getting custody is very slim.
Answer Applies to: Connecticut
Replied: 6/14/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
This is complicated and likely requires the counsel of a lawyer. More facts are needed.
Answer Applies to: Washington
Replied: 7/11/2013
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Your question seems to imply that the child is still in the US, but under whose care & control? Since they are apparently not married and there have never been any judicial proceedings, there isn't much your aunt can do from Mexico against the father. But, it appears from you question that the boyfriend may or may not be the father and may or may not have the child, so it is not clear how or why he might try to "take her daughter away from her now".
Answer Applies to: Colorado
Replied: 6/14/2011
    Michael Rose Attorney at Law
    Michael Rose Attorney at Law | Michael Rose
    From what you said he wants to take the child so the child is still with the mother.
    Answer Applies to: California
    Replied: 6/14/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    She will have to file for custody probably where the child now lives.
    Answer Applies to: Connecticut
    Replied: 6/13/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    The fact that your aunt has been deported adds a layer of complexity to the case that will probably requiring getting an immigration lawyer involved. Let's assume that your aunt was still in this country. I also have several questions about the case. You describe the father as your aunt's boyfriend. Were they ever married? When the child was born was a declaration of paternity filed by the father? If they were never married and if there was no declaration of paternity, then, the father has no rights to the child until there is a determination of paternity by an appropriate court. Otherwise, your aunt would need to begin a parenting plan action. All of this is going to be more difficult because your aunt has been deported. That is why you will want to consult an immigration lawyer in addition to a family law attorney.
    Answer Applies to: Washington
    Replied: 6/13/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    I would urge you to contact and retain a family law attorney in your community as soon as possible to address her rights and options. It would be a difficult battle, but one worth pursuing in terms of consulting an attorney about her rights. Hopefully, she could come back for a hearing. Good luck!
    Answer Applies to: Georgia
    Replied: 6/13/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    I am confused. Where is the child? Who currently has the child? I am going to assume the child is in Mexico with mom. It would be very difficult to force the Mexican government to disgorge the child.
    Answer Applies to: Ohio
    Replied: 6/13/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law, even though your aunt was deported, if Washington was the child's home state within the last six months, the courts here still have jurisdiction to determine a parenting plan for the child, including which parent the child should reside with. Your aunt may need to file a legal action here to have a parenting plan established for the child.
    Answer Applies to: Washington
    Replied: 6/13/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    This is a very complicated question that can't be answered via email. You need to have a detailed consultation with a family law attorney and an immigration attorney.
    Answer Applies to: Georgia
    Replied: 6/13/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    There is a lot of missing information here. Why was she deported (did she commit a crime which led to the deportation)? Is there an order for custody and visitation now? Is her boyfriend the father and has paternity been established? If you are in my area and are looking for an attorney for your aunt, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 6/13/2011
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