cmstrick

two parents share joint legal and physical custody of USC child. dad is a USC and mom is an undocumented immigrant. mother gets removed.


what happens to the child? does he go with the USC dad or does he go with the mom?

does anyone have any first hand experience with this?

Noorah101

I don't have first hand experience, but I imagine it's up to the court where the custody was granted. Perhaps the child spends equal amount of time with both parents. Just depends on the custody outcome.

Rene

jmh

Is the mother removed for immigration reasons or other reasons? If they have joint custody then they can agree between them where the child goes. If the child is old enough he/she can have a say.

cmstrick

yes, mother is being removed for immigration reasons.

she has threatened to take the child with her and not allow contact. therefore, father does not agree that the child should go.

Noorah101

If she takes the child with her without a court order allowing it, that's child abduction.

Rene

jmh

Oh dear, sounds like custody will have to be decided by the courts. She should moderate her tone and get legal advice urgently. Making threats probably won't go down well with the authorities. He should also get legal advice.

ian-mstm

Generally, the US doesn't like it if a non-USC kidnaps one of their citizens... child or no. That is a federal crime.

Ian

Rete

The immigration court will not address the custodial rights of parent if the child is a USC. The child, if born in the same country as the mother, would definitely return with the mother when she is deported. However, if the child is a USC by birth or naturalization, the immigration judge cannot order the child's custody to either parent. That is the sole jurisdiction of the family courts in the state/city in which the parents reside.