A woman (not US citizen) had a child with a man who had American citizenship. The woman and the man never got married, but they had a child. A couple years later, the woman was deported and the father of the child sent the child to be with the mother because he didn’t want to take care of the child. The man was there when she was being deported, they even shared a house. He didn’t try and stop the child from going, but instead encouraged the child be with the mother. Now he is harassing the mother to get the child back so he can receive government assistance (financially). He is also threatening to have the government help him retrieve the child. Is this possible? Will the mother lose her child? It will be a year since both the mother and child has been out of the country.
Is this your situation? People often ask questions for other people who are really themselves.
Let's start at the beginning
The child appears to be an American citizen--if he was born here. He has a right to be in this country.
Without an order from a court the father has no rights. He is just the "putative" father. If he wishes to establish his parentage as a matter of law he will have to file a paternity suit. It is kind of like falling on one's own sword. Because the mother and the child are not in the U. S., it gets complicated and you must involve a lawyer to get it right.
Until he establishes paternity through a court action, he really is just harassing with no legal basis.
Go see a lawyer
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As my colleague points out, he first must establish he is indeed the father of the child. Even then, the US Gov. will not just willy-nilly remove a child from their parent in a foreign country without consulate involvement, possible foreign court involvement , definitely US court involvement, and that is if there is a treaty between the countries that addresses child custody situations such as this. I do question your statement of his motives, that he may want custody for financial assistance, as the cost for him to have an attorney help him with this endeavor will likely far surpass any aid he could possibly receive. Maybe he did change his mind and want some part in his child's life? Spending time with both parents is usually better for a child than only one parent. I hope they can figure out something that works best for the child. Good luck.
Peace be with you, and may love guide you.
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