california
my husband is a legal resident in the US. his son is a citizen, and the mom has been deported. my husband and the mom are in the middle of a custody evaluation with both having joint legal custody. dad has about 30% timeshare with his son.
the court is allowing mom to stay in the US until the results of the custody evaluation are complete. because she is being deported will the courts allow her to take the child with her or will they allow the child to stay here with dad since he has joint legal custody?
Joint Legal Custody, Mom was Deported
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10-10-2006, 10:09 AMcincsuJoint Legal Custody, Mom was Deported
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10-10-2006, 10:55 AMaaronRe: Mom deported - joint legal custody
That's going to depend upon how the judge decides the custody litigation. The father, if he doesn't have one already, should consider retaining a child
custody lawyer. -
10-10-2006, 11:16 AMClair BonnerRe: Mom deported - joint legal custodyQuote:
Quoting cincsu
While California courts are very "protective" of their continuing jurisdiction over its citizens; i.e., the children, the court's overriding concern is "the best interests" of the child. This is determined by the age of the child, its "connection" to the community, and whether such a move would be, overall, deleterious to the child. Next, would be the concern of "continuing" parental relationship; e.g., its difficulty of one parent in visiting or having the child for visitation. Another consideration would be the type of people each parent is; e.g., criminal records, etc. The next consideration would be whether the foreign court would uphold the California court's jurisdiction in the event of either the frustration of visitation and/or child support.
So, it's really a "coin toss" whether the court would allow the child to remain in the United States. -
10-10-2006, 11:53 AMcincsuRe: Mom deported - joint legal custodyHe has a child custody attorney. I'm just not sure how informed on international law that attorney is.Quote:
Quoting aaron