If a man was deported on drug charges, can he gain custody of the child that he had with an American woman while here in the US?

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If a man was deported on drug charges, can he gain custody of the child that he had with an American woman while here in the US?

Does the mother need any type of specific documentation stating that she has sole custody? If she were to visit the father with the child, is there any way the father could legally take the child (US born) away from the mother?

Asked on November 19, 2012 under Family Law, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Regardless of the "ifs" here I would absolutely request that the court issue a formal order determining custody of the child.  Now, if you were not married and there is no parentage determination then the mother is the guardian of the child.  I hesitate to tell you to travel to another country at all with out knowing more here about the situation.  Seek help in your area.  Good luck.


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