The child could be deported only if he/she is not lawfully in the United States. Assuming the child is a U.S. citizen, he/she cannot be deported. The child and mother are free to leave the country with the father. Whether they can obtain legal status in the father's native country will depend upon that country's laws. It would be best for the father to fight his deportation. You can read more about deportation defense at http://myattorneyusa.com/removal-and-deportation-defense.
Answered on Aug 03rd, 2016 at 2:04 PM