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Immigration and child custody: deported father fights for his kids

On Behalf of | Nov 26, 2012 | Custody & Visitation |

A man is fighting to regain custody of his children after being deported. The child custody battle began when the man’s wife and mother of the children involved lost physical custody of the kids. Now, like similar cases in California, the man must appeal to the court to get his kids back.

According to a recent report, the man at the center of this dispute was deported to his home country after being found to have violated many traffic laws. Once back in Mexico, he learned that his three young sons, ages 1, 3 and 5, had been placed in the care of a foster family because their mother lost custody of them. The foster family would like to have the parental rights of both parents terminated so that they can adopt the young boys.

As a part of the dispute, assertions have been made that the living environment of the father is currently unacceptable because there is no plumbing or running water. The father has disputed these claims. Officials from Mexican social services have countered that the home has some amenities, including electricity.

The court will determine if the father of the three boys will be allowed to take them to Mexico. As is the case in child custody matters here in California, the court will work to determine what is in the best interests of the children. This may include various factors in addition to a review of the living conditions of the father and the conditions of the children in their current foster family situation.

Source:, “NC judge considers if deported man gets custody,” Nov. 20, 2012


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