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Man fights for custody of his children after deportation

On Behalf of Cullen Family Law Group | Mar 23, 2012 | Custody & Visitation |

The primary caregiver of a child is most often the one to whom child custody is awarded in divorce and separation matters. California residents who have gone through a divorce know that the custody decision can be one of the most difficult in a case. However, as one recent story shows, child custody matters can arise outside of divorce as well.

California readers will be interested to learn about the case of a man who lost custody of his children as a result of his deportation. The custody was awarded to the man’s wife and the mother of the children, despite her diagnosed mental illness at the time of his deportation. Nevertheless, the man has continued to fight for custody since his deportation.

The father of the three children was deported to Mexico two years ago, even though immigration policy supposedly favors releasing primary caretakers. Authorities acknowledge he had no time to make arrangements for the children or even to say goodbye. All evidence suggests that while in the United States, the father was the primary caregiver of the children, largely due to the mental illness of the mother. Shortly after his deportation, the children were placed in foster care programs after first being placed with the American-born mother.

Like other parents who have been deported, the father has been unable to visit his children or his wife since leaving the country. Often, reports suggest, parents are not even aware of the whereabouts of their children after a deportation. This can make the fight for child custody a much greater challenge.

In this matter, the father is working through representatives here in the United States to try to obtain custody of his children. Like many parents, he wishes to be the primary caregiver of his children. While it remains to be seen how this matter will be resolved, it highlights issues surrounding separation of children from primary caretakers when immigration proceedings intervene. His hope is to be reunited with the children in Mexico after being awarded child custody, and he is continuing to press his argument that the best interests of the children would be best served if he regains custody.

Source: Fox News Latino, “Deportation Often Means Losing Custody of US-Born Children,” March 12, 2012

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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