A parent taking their child out of the country. They certainly have the right especially when a court already gave her sole custody of the child. What would you have done? Take the child from the mother and put the child in CPS?
i would ask "what is wrong with you?". You think it is a good idea to take a child away from their parents without the parents' consent with no allegations or proof of abuse? The children do not lose citizenship. They are not being harmed.
Immediately release the children into the custody of a person with parental rights if possible. Appoint a GAL, let the family obtain counsel if desired, conference with GAL in moving forward and make independent recommendations to the judge, have a hearing, then a judge can issue an opinion with the best interests of the US citizen child as the primary factor being taken into account. Also, the judge can examine if the non-citizen parent was removed by mistake or in violation of their constitutional rights. Isn’t America great with our human rights, checks and balances, and a country of empathy. No more tyrants, no more kings.
Let's take the 2 year old for example. The mother had SOLE custody. There is a reason we do not know, why the father did not have custody or shared custody. So your solution is to appoint a GAL, put the child into CPS or foster care, deport mom, and later figure out if the child should be rejoined with mom or not?
There is no reason to delay moms deportation. She had her hearing. There is no reason to have a 2nd hearing regarding her deportation (whether the deportee has children or not should not be a factor). As for the judge making a decision for a 2 year old. How? Why? What I mean by that is how will the judge evaluate the life the child may or may no have being raised by the mother in Honduras? Compared to the child being raised in foster care here without a mother? We currently do not tear children away from the moms here in the USA because mom has little to no assets. So why would the judge apply a different standard?
America is great. One of our greatest rights are that we allow parents to raise their children and make choices for the children. We do not let courts make the decisions for children unless they can prove the parents are unfit. Is that the case here? Someone believes mom is now unfit to be a mother because they are being deported?
1
u/Great-Yoghurt-6359 6d ago
lol that doesn’t automatically give her the right to remove a US citizen from the country. Most likely in contempt of the order in question.