What happens to our family if my ex gets deported during our custody battle? 4 Answers as of June 13, 2011

What happens to my daughter if her dad/my ex gets deported and we are in the middle of a custody battle?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
The obvious answer is that he gets sent out of the U.S., likely to his place of origin. The more practical answer is that you will likely get custody of your children if he is deported, unless the evidence in the family law case is persuasive against you. You would best retain an experienced Family Law Attorney to represent you in your child custody case.
Answer Applies to: California
Replied: 6/13/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
If your ex is deported to a country which is part of the Hague convention, her father will likely have visitations in that country for holidays and school vacations. A court will award primary custody to the parent that will make the child more accessible to the other parent. Therefore depending on the circumstances surrounding the deportation, it may or may not impact the outcome of the case. If the deportation was based on a criminal action for example, you could end up with primary custody. You should contact a lawyer to discuss the particulars of your case.
Answer Applies to: California
Replied: 6/13/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
It would impact his ability to put forth his case, but otherwise, I suppose the question remains the same: who is the best parent to have primary custody of the children. It just adds a new wrinkle: should the children be allowed to leave the country to live with dad. Probably not likely. If you are looking for an attorney and are in my area, please contact me for a free consultation.
Answer Applies to: California
Replied: 6/13/2011
Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
If he get deported he will go back to the country he came from. He won't be able to attend the hearings so that is the end of that. I assume that the daughter will stay here with you?? Or is she going with him?
Answer Applies to: California
Replied: 6/10/2011
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