Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My son is incarcerated and will be released in May. his

My son is incarcerated...

My son is incarcerated and will be released in May. his children's mom may be deported back to the Caribbean. Can she legally take the children being that they are citizens, without his permission.

Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

I have not but she has

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Show More
Show Less
Ask Your Own Family Law Question
Answered in 4 minutes by:
3/7/2018
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 126,010
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unless there is a court order, if they have passports she can take them, but his permission would be required. If there is a court order giving her custody, then she can take them as long as they have passports. If she is going to try to take them, you as grandparent can use a local attorney to file in court to stop her from removing the children and seek temporary guardianship and custody based on her being unfit in that she cannot remain in the US and they are US Citizens.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Family Law
Satisfied Customers: 126,010
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
Law Educator, Esq. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 126,010
126,010 Satisfied Customers
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
My son has joint custody of his children. He is currently
My son has joint custody of his children. He is currently incarcerated, but as soon as he finishes a program in about 9.5 months he will have immediate release. His wife wants to move the kids out of … read more
fiftyshadesoflaw
fiftyshadesoflaw
Juris Doctor
110 satisfied customers
Do you address probation violations, My son is currently
My son is currently incarcerated for a probation violation and has a show cause hearing 4/12/17 . The incarceration stems from leaving Virginia to think about a very stressful situation involving his 3 sons to whose mom he was never married. In the process of stepping back to get his thoughts together, he left the state without permission from his probation officer and was extradited from Colorado to Va ( which he did not fight but responded willingly when Henrico County, Va went to get him. Now he is facing a show cause hearing 4/12/17 and needs advice about presenting his case---he has a court appointed attorney but that only means he will be lucky to have 5 minutes for advice before court. Any advice will be greatly appareciated … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,629 satisfied customers
Can you help with a family law question. TX. A temporary
the person that had temporary custody was not a family member and she took the child and dropped him off with the mother of the childs sister the sister was incarcerated at the time so the mom filled out a revokable power of attorney for the sister so she can register him in school etc.. mom is home and doing things right and wants to take her son back but afraid that the other party may say she cant have him because of the temporary custody court order… read more
LegalGems
LegalGems
Juris Doctorate
12,604 satisfied customers
My son has 2 children with his girlfriend. She is now doing
My son has 2 children with his girlfriend. She is now doing drugs (heroin) and has spent all their money on drugs. They live in KY. He told her that he needs to get him and the children out of that en… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,571 satisfied customers
My granddaughter's mother has primary custody and her dad has
My granddaughter's mother has primary custody and her dad has visitation. The mom is incarnated for theft and drugs. My granddaughter physical lives with maternal grandparents. She is 12 years old and… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
What if there is no court ordered custody just divorce
what if there is no court ordered custody just divorce decree can child go to live with grandparent if she has approval of one parent… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,629 satisfied customers
My son is divorcing. They reside in PA. His wife is moving to NJ and my son is remaining i
My son is divorcing. They reside in PA. His wife is moving to NJ and my son is remaining in PA. They have one child under the age of 1. They have worked out day to day custody for the child. Does my s… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
My son has a friend he has known for abou 10 years She is married
My son has a friend he has known for abou 10 years She is married and has a 2 1/2 year old son This woman is very ill and needs surgery Unfortunately her husband is incarcerated for the time being She… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
My ex wife and I share joint physical and legal custody of
My ex wife and I share joint physical and legal custody of our two boys 6 and 8. We exchange custody every Friday, if she decides to stay in town for the weekend and actually pick them up to start her… read more
Lawyer Lori
Lawyer Lori
Attorney
JD - Attorney
187 satisfied customers
I lives in Minnesota and my son (11 months old) and his mom
I lives in Minnesota and my son (11 months old) and his mom live in Texas. I am the biological dad and my name is XXXXX XXXXX birth certificate. I would like to know what are my options if were to req… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,571 satisfied customers
My16yr-old son who was temporarily staying with his stepmom
My16yr-old son who was temporarily staying with his stepmom while I completed nursing school has refused to come home and now she is making up stories and is seeking child support from me. We had a ve… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,629 satisfied customers
My son is incarcerated my grandchildren who were residing with
My son is incarcerated my grandchildren who were residing with the other grandparent were picked up by their mother who has married a us soldier and took our grandchildren out of the country to german… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
I AM ATTEMPTING TO BRING THE 6 YEAR OLD SON OF A PERRYVILLE
I AM ATTEMPTING TO BRING THE 6 YEAR OLD SON OF A PERRYVILLE PRISON INMATE SATURDAY AT 10:30am I HAVE SUCCESSFULLY FILLED OUT THE PRISON REQUIRED FORMS FOR VISITATION BUT THE PRISON STAFF HAS MADE TWO … read more
Marcy
Marcy
Attorney At Law
Doctor of Law w/ highest honors
165 satisfied customers
My sister in law is in jail and will be sent to immigration
My sister in law is in jail and will be sent to immigration on Wednesday for her deportation order. She has two children that are ages 17 and 14, the 14 year old states that I am too strict and moved … read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
My wife and I did an online dissolution of marriage and parenting
My wife and I did an online dissolution of marriage and parenting plan in the State of Washington. The papers were filed in Lincoln County, Washington because you do not have to be present to file. We… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
9 satisfied customers
My son is divorced, he has shares joint custody of two minor
My son is divorced, he has shares joint custody of two minor children with x-wife since 2002. Earlier in 2010 the x-wife decided to remarry and relocate in the State of Georgia, she tried to convince … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,571 satisfied customers
My brother is currently incarcerated in a Florida Prison.
My brother is currently incarcerated in a Florida Prison. His son was taken to Tunisia by the mother and has left him there with the family she married into. She moved back to Florida leaving my nephe… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
My sons father is a convicted felon who is currently incarcerated
My son's father is a convicted felon who is currently incarcerated and facing deportation. He has been incarcerated since about a month or more before my son was born. He was in state prison in Maryla… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x