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|05-09-2015, 07:10 AM||#1 (permalink)|
Join Date: May 2015
My child's father is being deported
Backstory: my child's father came to Texas from El Salvador 26 years ago. He had a Visa but it expired like 10 or 11 years ago. He could never get it renewed because he has a felony on his record. He has other things on his record as well.
My child will be four in August and we have had no contact with him for a year and a half. He has never payed child support.
He was arrested in Oklahoma (I'm not sure what for yet) and is currently being detained by immigration there. He will most likely be deported.
My question is: what happens with his parental right? Will they be terminated?
|05-11-2015, 01:24 PM||#2 (permalink)|
Join Date: Apr 2014
Location: San Jose, CA
Deportation/ Parental RIghts
From what I researched, Parents have a constitutional right to the care and control of their children and this right is not confined to citizens. Undocumented immigrant parents also have this right meaning that if they are deported for not being a citizen they do not automatically lose their parental rights. However, there are other factors that are considered to determine whether the rights have been terminated.
Even if the father has been deported, child support can be collected A small handful of foreign countries have worked out arrangements where they will assist most US States in the collection of child support. This includes Mexico.
The fact that your son's father was deported is not a reason to terminate his parental rights. The courts may consider other factors such as if the father is considered "unfit" to ave any further rights.
The best thing to do is contact an immigration attorney that is familiar with family law and situations where a father is deported. Every case is handled different since there are other factors and facts that impact each case.
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