Hello, there are some facts missing in terms of family court orders and the like, and this isn't my area of specialty, but simply being a citizen of another country does not deny you your rights to see your children. The only way that you could be denied access is by a judge's order following a hearing process.
I've tagged the question for family law and immigration so that other attorneys may add their comments.
Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 www.jslaw.org This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.
You are missing facts here, but based on the information you provide I can provide the following guidance: legally, as the parent of the children, you might have a right to custody, but given that you are out of the country it would be difficult to pursue that right. The other parent could possibly file a motion seeking sole custody of the child given that the other parent is out of the country. The other parent can attach a copy of the deportation order as evidence showing that you were deported after a felony conviction, therefore rendering custody impossible since the children are in the U.S.
This is not legal advice and a client-attorney relationship is not created as a result of this communication. For a free consultation call 619-752-0125 or email at firstname.lastname@example.org. Se habla Español.
Sign up to receive a 3-part series of useful information and advice about child custody law.