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

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
PREMIUM
Answered

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.