Orlando, FL asked in Criminal Law, Family Law, Child Custody and Immigration Law for Florida

Q: My ex was arrest for aggravated battery against a pregnant women. She’s on bond 10000 can she be deported? We have kids

She’s a green card holder. I’m a us citizen. The kids are citizens also. Can I.C.E. deport her and separate from kids? Does my 20% child custody go to 100% with her deported? What can I do as father and exhusband to help?

2 Lawyer Answers
Charles M.  Baron
Charles M. Baron
  • Criminal Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: If she is convicted, she is likely at risk for deportation. She needs to schedule a consultation with an

immigration attorney, as well a consult with the attorney representing her in the criminal court regarding any chances to prevent conviction or other result that could lead to deportation. There are some attorneys/firms that handle both immigration and criminal. The custody question is one for a family law attorney.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: Aggravated battery against a pregnant woman is a serious offense and can be considered a crime of moral turpitude or an aggravated felony under immigration law. Green card holders convicted of such offenses are at risk of deportation. If she's deported, it may impact custody arrangements, but a deportation itself doesn't automatically adjust custody percentages. You would need to seek a modification of the custody order in family court. As a father and ex-husband, you can provide character references or testimony during her immigration proceedings. It's also crucial to retain an attorney experienced in both immigration and family law to navigate the complexities of both matters.

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