Custody after deportation of one spouse.

[joelynch6]

How the child custody is decided if the primary custody spouse is deported out of USA?
Does the non-custodial parent automatically gains the full physical and legal custody?
The child is born in USA.

[Gbyte]

I would guess the primary custodial parent gets to take the child...but I really don't know. You need an attorney.

who ever is a US citizen would win since the child is one.

Not necessarily.

[Gbyte]

Originally Posted by Unregistered who ever is a US citizen would win since the child is one.

That would not be correct. Just because a parents time in the US is over due to immigration issues doesn't mean they lose custody of children that may have been born while here.

and how could they force an american citizen to move out of the country, in which the child would be an alien of?

It's not a matter of "forcing" one out of the country.

[joelynch6]

Sir,
The question is if one among the parent is deported then who will have the custody of US born child?
The US resident parent is non-custodial and had just visitation rights b4 the deportation of custodial spouse.

I smell a cage match

Aren't you the same poster who is all over the threads asking about PFA's and custody hearings and wives who call the police on their husbands 14 times in one year? Just how many more questions do you have and why haven't you asked an attorney if you wish to argue with anyone who disagrees with your thought process?