Legal Question in Family Law in California

Parental rights have absolutely NOTHING to do with citizenship or legality of residence. If they have been deported and took the child with them, and it has been more than six months since the child left, you will most likely have to seek custody in the other country. If the child is still in this country, you have to file for custody with the courts in the state in which the child is located. If you have been married and divorced from the mother, you must file the motion in the divorce proceeding. If you were not married, and have not yet established parentage, you will have to file a parentage action that will include a custody determination.