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Custody of child, mother is being deported

My sister is being deported from the US, she has a son who is a US citizen but both have UK passports and he is a British subject. He is 12yrs old and has always resided with her. She is married to a US citizen (2yrs) but has lived with him for 7yrs.
Since she was detained the father has taken custody of the child and appears to believe that becasue she is being deported that the custody of the child has been decided. He was violent in the relationship and has a drugs conviction.
He is also being obstructive and will not release documents required by immagration attorney for case.
We are going to employ a UK solicitor regarding custody, but can you tell me how the US courts would view the above and whether there is anything we can do to prepare the way forward

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Attorney answers (1)

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In Colorado, the jurisdiction for purposes of child custody matters will most likely follow the child's last 6 months of residence. Although it is more complicated than that, that is the basic rule. If the child has lived in Colorado for the last 6 months, then the Colorado Courts will have jurisdiction over the case and the UK Solicitor will likely not be able to fight that (the law that applies is called the UCCJEA). It sounds like there is a lot going on in the case and there may very well be some rights that can be exercised (even though through Colorado Courts), but you had probably better get a start on doing that right now. If his conduct is really terrible and there are drugs around, etc., social services can also trump the normal jurisdictional rules and make their own determination as to what is best for the child. In any case, it sounds like this case is in desperate need of a child custody attorney who practices divorce law.
Culver
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Grant David Van Der Jagt
Grant David Van Der Jagt, licensed in Colorado

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