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LegalEase, Lawyer
Category: Family Law
Satisfied Customers: 897
Experience:  Experience in handling divorces, custody issues and child support quandries.
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my sons father is facing deportation if he is deported (for

Resolved Question:

my son's father is facing deportation
if he is deported (for numerous aggravated felonies) will i automatically have sole custody of my son or do i still need to go thru the courst sytem?
Submitted: 7 years ago.
Category: Family Law
Expert:  LegalEase replied 7 years ago.
Custody will not be automatic, but you will likely get sole custody of the child upon asking for it given the situation the father is facing. However, you must still petition to modify the custodial agreement. You will also need to put provisions in the custody order specifically dealing with the possiblity of your child ever being kidnapped or having a passport aquired in his name for travel across the border.
Customer: replied 7 years ago.

My main concern for getting sole custody is because i want to move my son and myself to Ecuador. His father has been incarcerated since before he was born.

what other options do i have to be able to move?

Expert:  LegalEase replied 7 years ago.
You can petition the court to allow you to move to Ecuador. If his father isn't going to be able to make an appearance in his son's life, you can get a court order giving you full custody, with no residency restrictions.
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