If mother is deported but father is a citizen, what happens to citizen children?

[numptynyc 1]

Hello. Not sure if this is the appropriate forum for this question. 

 

My brother's ex girfriend has no papers. I believe she was trying attain legal status through her father but somehow that fell through, i dont know the details but i think she may have lied somewhere in her application. Her relationship with my brother was over by time this happened. she may or may not have a deportation deadline. Plus Trump.

 

My brother is now citizen and their daughter is a born US citizen. The mother holds custody.

 

 

What would happen to the daughter if the mother was deported? Would she go with her mother or stay in the US? Would it have to be settled in court?

 

 

Thanks.

[aleful 1,905]

hi

 

is she over 18? then she is an adult and probably be deported. no settling in court since she is an adult as of 18 years old

 

 

[numptynyc 1]

Hi. yes mother is over 18 but I'm interested in what would happen to the daughter/my niece who is only 5 years old.

[f f 725]

if the niece is a usc then she can stay however the mother may try to take her with her and then it is the world of international child custody battles which I would recommend going to a lawyer for.

[mallafri76 1,012]

If I understand you correctly, you're saying the daughter is born in the US and hence a USC? In which case, she can't be deported.

 

Your brother should talk to a lawyer and file for custody.

[Ontarkie 13,957]

You don't say if the father is listed on her birth certificate or if he has anything for visitations a custody agreement. if the father wants to keep her here against the mothers wishes then he needs to battle it out in court. If he hasn't been in the child's life actively that will hurt his chances of getting custody. 

Edited January 31, 2017 by Ontarkie

[numptynyc 1]

Thanks for the replies.

 

I understand that the daughter cannot be deported, my question is what would happen to her custody if the mother where to be deported.

 

 

On 1/30/2017 at 10:44 PM, Ontarkie said:

You don't say if the father is listed on her birth certificate or if he has anything for visitations a custody agreement. if the father wants to keep her here against the mothers wishes then he needs to battle it out in court. If he hasn't been in the child's life actively that will hurt his chances of getting custody. 

 

The father is on the birth certificate. They're working out custody but my brother will hand over custody to the mother and just have visitation. He has been paying child support for several months now. The father is very much involved in his daughter's life. 

 

 

[Boiler 43,718]

It is unlikely that current court order allows the child to be taken out of the US, they should come to an agreement ideally if not it will be down to the Court to decide.

 

Normally Courts seem reluctant to allow a parent to take a child out of country against the wishes of the other parent.

[Used to be broken 143]

If the mother is deported,  the custody order likely will stay in place technically, however I do not see how without residence in the US the deported mother would have no standing or ability to enforce it, and likely no means to financially fight it from another country.  I know the State Departments of most nations encourage cooperation in enforcing custody orders, its a gray area when that custody involves effective expatriation for a US Citizen child. 

 

If there is a deportation order in place or a case in Immigration court it might depend on how that plays out ie: if the Mother is taken into custody, then  detention and forcibly deported the child would be left behind initially. The father might get " default custody " or the DCS might get involved if the child is with the mother at the time they pick her up and detain her. Possibly the child could end up in detention with the mother while everyone scrambles to prove she is a US Citizen. 

 

If the mother accepts "voluntary departure" and leaves of her own accord and wishes to take the child with..depending on which country it is.....the US Citizen  child may need a VISA

and may not have a passport yet...  If I recall correctly to obtain a US passport both parents must agree on a child under 18 regardless of existing custody arrangements.  

 

The other issue is most countries have a definitive amount of time you are allowed to stay there even in VISA Waiver Countries..  in other words a US Citizen Child cannot just move in and stay indefinitely even with the mother without more paperwork etc.. unless the recieving country confers automatic dual citizenship. 

 

If the father and family do not want the child to be moved to the foreign country now is the time to get to court and get an injunction on the travel while the child is still within the

jurisdiction of the US.. once the child is on foreign soil unfortunately the foreign court will gain advantage of jurisdiction to decide. 

 

Edited February 4, 2017 by Used to be broken
left off answer

[Transborderwife 4,666]

I would think void/dcf/dcs would get involved and deliver the child to the other parent.

[Ontarkie 13,957]

It sounds like the father wants to allow the mother to take the child with her and have visitations. If that is what the parents wants the courts will be happy to put their seal on it. They can do this through lawyers and not even need to fight it out. 

 

I would encourage you to tell them to be detail as possible. That mom has physical custody and child will live in X country with Mother. Father gets the child for X amount in summer and X days if there are other breaks though the year. Since this will be international traveling you want to come up with everything they can think of for splitting up breaks. Also add skype times to the order. Even if the child is just a baby now at some point later these times will be handy. Even if they only get a few minutes at first. List it as something such as 20-30 mins. If the child needs less that is fine to cut short but it should show a time for them. That can be used as the child gets older. 

 

 

 

 

[numptynyc 1]

7 minutes ago, Ontarkie said:

It sounds like the father wants to allow the mother to take the child with her and have visitations. If that is what the parents wants the courts will be happy to put their seal on it. They can do this through lawyers and not even need to fight it out. 

 

I would encourage you to tell them to be detail as possible. That mom has physical custody and child will live in X country with Mother. Father gets the child for X amount in summer and X days if there are other breaks though the year. Since this will be international traveling you want to come up with everything they can think of for splitting up breaks. Also add skype times to the order. Even if the child is just a baby now at some point later these times will be handy. Even if they only get a few minutes at first. List it as something such as 20-30 mins. If the child needs less that is fine to cut short but it should show a time for them. That can be used as the child gets older. 

 

He's willing to give her custody as long as she is in the United States, he DOES NOT want the mother to have custody if she were to get deported. 

 

 

Edited February 4, 2017 by numptynyc

[Ontarkie 13,957]

Ah well he doesn't get a choice on her deportation. 

[Boiler 43,718]

But probably does on custody if she is deported.

[numptynyc 1]

1 minute ago, Ontarkie said:

Ah well he doesn't get a choice on her deportation. 

 

the mother's deportation? of course not. 

 

 

i am asking about the child's custody.