DEPORTED MEXICAN FATHER SEEKS TO REGAIN CUSTODY OF THREE CHILDREN

Child custody battles often take place within the context of divorce proceedings, but custody battles come up in other situations as well. Another common context for these legal disputes is when parents have their children removed by state officials concerned for their well-being.

Last Tuesday, a 2-year long legal child custody battle involving just this situation moved a step closer to resolution when a North Carolina judge ordered three U.S.-born children to be reunited to their deported Mexican father. The father had reportedly illegally crossed over the border in 2003 to obtain work and later married a U.S. citizen, with whom he had three sons.

Social services officials in the county where the father resided had sought to terminate his parental rights after he was arrested by U.S. Immigration and Customs Enforcement. The boys were placed in state custody after social workers determined that his wife was unable to properly care for them on her own because of a mental illness. The boys were subsequently sent to foster homes with families who later sought to adopt them.

Immigration reform activists have pointed out that the father’s situation is a good example of how deported parents can be permanently separated from their American children. Immigration officials say it isn’t their purpose to tear families apart, but point out that there is no uniform policy to ensure parents undergoing deportation can arrange for their children’s care.

Back in August, the father was allowed to return to the U.S. temporarily to attend court hearings, and has been attending parenting classes in hopes of regaining full custody of his children and returning to Mexico with them. Hopefully this situation resolves to that this family is able to be together again.

In any child custody case, an experienced attorney who understands the legal process and knows how to advocate for parental rights is a great asset.

Source: wistv.com, “NC judge: Return US-born children to deported dad,” Michael Biesecker, November 27, 2012