Maryville, MO asked in Family Law, Immigration Law and Child Custody for Missouri

Q: My sons father was recently released on bond from a detention center facing deportation, he is an illegal immigrant.

He has filed for joint custody. He wants to take my son to California from Missouri, but with being released on bond can he leave the state? Also, can I file for full custody?

2 Lawyer Answers
Lydia Seifner
Lydia Seifner
Answered
  • Divorce Lawyer
  • Springfield, MO
  • Licensed in Missouri

A: Unless the two of you are married, or have an existing court order, you are the only one with rights to the child; he can't take the child anywhere. Furthermore, it does depend a little upon the conditions of his release, but typically, if he has been released on bond, he won't be able to leave the state either.

Hector E. Quiroga
Hector E. Quiroga
PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: There is a family law component to your question, so you will want to speak with a family law attorney. As to your question about your son’s father’s ability to leave the state, he should review the terms of his release.

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