Legal Question in Family Law in California

I was served by a letter of deportation i have an attorney for that an they told me that IF..!! i do get deported it wont be till 3 or 4 years from now i have no crimenal record bean in this country since i was 6yr old bean to school an college am now 27. Now i have to apear with a judge for child costudy is the deportation letter going to affect me if the mother uses that against me in front of the judge. My son is only 3 ive bean there for him since the day he was born bean giving the mother child support monthly i have kep him every other weekend from friday to Sunday since he was 4 months old the bad thing about thing is that if i dont give his mom extra money when she ask for it or whent i dont help her with other stuff she might need she threatens to keep my son away from me. I have medical an dental insurance for him an in a 3yr period she has moved from home to home 6 times 5 different jobs an 4 different sitters for my son. What are my chances of getting 50/50 joint costudy..?? An is the deportation letter going to affect me..??


Asked on 10/22/09, 9:09 pm

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

There are two concerns the court may have, 1. that you are going to leave the country with the child and 2. that you may suddenly be taken out of the country. But if you satisfactorily address both of the issues, there is no reason why you should not have shared custody. The law does not require you to be a citizen to have custody of your child, it just requires you to be a parent. It was pretty low of the mother to pull this one. It says a lot about her parenting skills. Even if you are deported, you should still have a right to shared visitation of your child in the country you are deported to.

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Answered on 10/27/09, 9:27 pm


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