Legal Question in Family Law in California

Im a 15 year old & I live with my mother & my father lives in the Philippines. My family hasn't been clear with me with details but he might have left via deportation, but im not sure. His parents, my grandparents who I would rather live with opposed to my mother and her fiancee, live 20 mins away from me. Is there anyway my father can have a say in who has custody of me. Also I have been told that my mom & dad got married here in the US, and when my mom was supposed to show up to court to petition my dad she didnt show up intentionally, and thats why he left. And that she is & was the only one that could petition him. Is that possible? I am not sure if that's true though.

Asked on 8/25/09, 2:08 am

1 Answer from Attorneys

Larry L. Doan Law Office of Larry L. Doan

It might not have been the only way but at the time in his deportation proceedings, probably being petitioned by your mom was the fastest way. Maybe his parents never petitioned for him. Anyway, that's in the past. He's got a deportation order against him. You’re not sure of that but you mentioned "court" and in immigration matters that could only mean deportation proceedings. I don't know if he has a say in where you live here though if he is living overseas, I wanted to clarify on the immigration aspect of your question. Perhaps other lawyers specializing in child custody can add to my answer.

Larry L. Doan (blog)

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Answered on 8/26/09, 12:37 am

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