Legal Question in Immigration Law in California

I have a son whose father was an illegal immigrant. I lived in Maine when he was born and then a year later moved to California. I had an agreement with the father that our son could stay with him while I got myself settled and started working and we would discuss when our son could be with me some of the time and then him. But after I left his fiancé contacted me saying he got arrested and was going to be deported and that she had spoken with a lawyer that said if he gained full custody then that would keep him from being deported, making it clear as well with me they weren't trying to keep me from my son. I agreed to help. I signed a paper and sent it to her and have not heard back as far as the forms have gone but I just received word the father ended up being deported back to Mexico anyways and she did not contact me about it and is telling my family I can not do anything about what happens with my son. He is currently in her care. I am trying to find out if there is anything I can do and what might happen to my son and trying to seek any possible advice on what I should do. The fiancé claims she is going to Mexico in a week to marry the father because that same lawyer told her that would get him back, is that even true?

Asked on 8/30/17, 6:05 am

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

Unfortunately, that is not true and this is a STATE FAMILY LAW issue, not an immigration issue. You need to contact a Family Law attorney in your State for guidance on custody issues.

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Answered on 8/30/17, 7:54 am

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