If mother is deported but father is a citizen, what happens to citizen children?

[Ontarkie 14,445]

Custody will be determined in court. The mother can easily get a a low or no cost lawyer and still get custody.

 

I used to be in the band camp that a judge would not likely give a parent custody if moving out of the US. But recently I have met a few ppl that that is exactly what happened. The Mother is also in a country that does not recognize US custody agreements. So if she really wanted to be a horrible person she could tell the father to get lost. Not a thing the US courts could do now that she is back home. She's not like that and they have a very good co parenting relationship. It's been about 10 years that the daughter has been going back and fourth. 

 

So don't take it for granted that the mother has no chance of keeping the child. 

 

 

 I would let mom take the kid as she will never be able to come back to the US to visit (if she lied on immigration docs) and it's likely the mom will not be able to afford flying the kid back and fourth. The father has more wiggle room to manage visits. But I say that because it sounds like she's a good mom if he would let her have custody (in the US). Only fighting it if she leaves. It's not fair for either parent to not be with their child but sometimes being the bigger person is the right thing to do. 

[Villanelle 4,122]

23 hours ago, numptynyc said:

 

He's willing to give her custody as long as she is in the United States, he DOES NOT want the mother to have custody if she were to get deported. 

 

 

Ok lets start with this... why the deportation talk? (it does make a difference). Is she in removal proceedings or is this just a 'what if'? because of the current issues in the country re immigration?

 

You have to realize (currently and this can change) but currently immigration and custody issues are independent of each other. Immigration is one court and custody is another (family court). The family courts (presently) do not care one bit about someones immigration status. They have no problem giving custody to or child support to (or from) an illegal alien. 

 

For them its all about family unity and immigration status does not play a role in it. Unity means giving both parents access. But as Ontarkie stated some people get approval to leave the US. 

So your question/statement of "he does not want her to have custody if she were to get deported"- well, it makes no sense. Its not how the system works. She can have custody as an illegal. Deported but in the is not really a status so to speak. If she has custody and IS deported- the following is things that may happen.

Technically she can not move the child across state lines or internationally with out permission. If she was to leave the US (through deportation or on her own) and took the child- he would have to fight to get the child back. This is an incredibly complicated area of law. Some countries will not honor the US courts. Others do but only partially. Because the child is now in their country (and a citizen of their country as well) they may enact their own custody order.  

 

In order to prevent her from leaving with the child he can place an 'alert' on the child passport (if they have one) to stop the child from traveling or a block so the child can not get a passport. He may not be able to stop the child from getting the other countries passport and traveling on that though. He can ask the family court for orders specifically stating the child remains in the US. But if she is going to break the order- theres not much that can be done about stopping someone. The best he could do is express that to the court and have her custody terminated if he suspects she is going to flee the country and take the child against the current court order. 

[Jawaree 718]

If this woman is a good mother & your brother no longer wants her to marry her

then if she's been deported why kick her when shes down,,if she wanrs & can

afford the child in her own country, why not allow her kid to be with her then

your family have her at summers,,,,be very careful how this is handled remember

the child matters most...The child is not a toy & getting positive info to help maybe

better than to plan how to wrestle this kid away 

If she's not from a country that he can visit then thats another matter

Edited February 7, 2017 by Jawaree

[Cheezees 1,514]

I find it very strange that the father's perspective is that the children should only live in the US.  Custody doesn't really seem to be the issue (no mention of the mother being unfit, etc.).  Knowing that if she were deported (and therefore not likely to be able to return any time soon or perhaps ever) and the father's position being that she should then lose custody of the children, any visitation with her kids will be solely at the whim of the father.  I'm not sure how likely it would be that a family judge in this situation would stipulate that the father must provide multiple plane tickets so the children could spend time with their mother given that she previously had primary custody.  Not to mention the kids should lose their primary custodian (is that in their best interest?) because that's just what the father wants.  I know he wants his kids close to him and so does she, so I see why this is a bit of a mess. 

[aaron2020 11,651]

The deportation order has absolutely nothing to do with custody.  Absolutely nothing.

 

Since the mother has sole custody, the only way to prevent her from removing the child to another country is a court order.  If the current custody order is silent on the matter, then she can do whatever she wants.  

 

YOUR BROTHER MUST HAVE A COURT ORDER BARRING THE MOTHER FROM REMOVING THE CHILD FROM THE US.  Absent this order, the mother can do whatever she wants.