Legal Question in Family Law in California

I was detained at an immigration facility for 2 and 1/2 years. My baby's father filed for temporary custody, and was granted. I was released on my own recognizes (OR) about 4 months ago and my son has been staying with me ever since. My baby's father decided to take him back now, and my question is.. Do I have the right to fight for custody, given my immigration status. I have drug related charges from 3 years ago but my baby's father has domestic violence charges from us..


Asked on 8/02/13, 2:25 pm

3 Answers from Attorneys

Immigration status has NOTHING to do with child custody rights - except that if you are deported or arrested that will have an obvious impact on what custody is awarded, but your right to seek custody has nothing to do with it. Both drug and domestic violence charges affect custody determinations, but again they do not affect the RIGHT to seek whatever custody is in the best interests of the child. That is the court's only real concern - to determine and then order whatever custody and visitation is in the best interests of the child(ren).

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Answered on 8/02/13, 4:29 pm
B. Stuart Walker Law Office of B. Stuart Walker

I agree with above answer.

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Answered on 8/03/13, 6:41 pm

You have a right to seek custody whether you get custody or not is another matter.

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Answered on 8/03/13, 10:19 pm


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