Legal Question in Family Law in California

I was deported to mexico 2 months ago. My ex boyfriends mother had my son for the weekend when this happened. She refuses to bring my son to me. I wanted to know where i have to go to get help?


Asked on 7/25/10, 1:31 pm

1 Answer from Attorneys

Scott Brear Law Practice of Scott Irvin Brear

You (or a lawyer) need to go to the child protective services office in the county where the child lives now to take appropriate action establishing parental rights. Grandmother has no right whatsoever to the child at this point. One could argue she is a kidnapper. You have not said whether the child was fathered by your ex boyfriend in question. Even if she was the blood grandmother, this would have to be established in court AND she would need to fight for custody over the desires of both you and the son's blood father. Remember that the child is a USA citizen if born in the USA. This makes the situation even more complex with respect to you, but it would be highly unlikely that you would lose custody of your child because you were deported. The juvenile courts operate on what is the best interest of the child. That usually means being with parents who can be shown to be good parents. You should win this one, but you can only do this with help on the USA side.

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Answered on 8/03/10, 8:11 pm


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