Minnesota residents may be interested to know the outcome of a recent international child custody case. In this child custody case, which we reported on in November, three children, all born in the United States, were separated from their father when he was deported. However, a judge's ruling has brought them back together.
The father was deported back to Mexico for entering the U.S. illegally. This forced him to lose custody of his children, who remained with their mother. The mother, however, lost custody of the children due to her history of drug abuse and mental health issues. The children were taken from their mother and put into foster care.
The father returned to the U.S. on a special visa and filed for custody of his children. Social welfare officials objected to the petition on the grounds that the father was not fit to have custody of the children. The judge overseeing the case ruled in favor of the father, though, noting that he did not agree the father was unfit. Hence, the court ordered for the reunification of the children with their father.
The court order stated that the children will live with their father at the hotel where he has been staying since his re-entered the U.S. According to the ruling, the father must return to court for a final hearing of the case in February when the court will pass its final decision. At that point, the father may be able to bring his children with him to live in Mexico. The father's attorney states the judge's decision was quite satisfactory. It is common for courts to order a probationary period in custody cases so that the transition is easier and in the best interests of the children.
Parents entangled in such contested child custody battles may be given hope after hearing about this case. However, one must always be aware of the laws in their respective state. It is best to seek representation and advice from a family law attorney when facing a child custody issue in order to understand and safeguard the rights of all parties involved.
Source: Fox News Latino, "Deported Mexican man regains custody of kids," Nov. 27, 2012