Joe Giudice will have to part from his four daughters he shares with Teresa, HL learned in an EXCLUSIVE chat with a New Jersey-based family attorney. Learn why he can’t take the kids to Italy, where he’s being deported to.
Joe Giudice, 46, is facing an even longer separation from his family. He’s been in federal prison since March of 2016, and after Joe completes his 41-month sentence in 2019, he’ll return to his native Italy. And Gia, 17, Gabriella, 14, Milania, 12, and Audriana, 9, the four children Joe shares with Real Housewives of New Jersey star Teresa, can’t also move abroad by Joe’s request. After Joe’s deportation was reportedly ordered by a judge on Oct. 10, HollywoodLife EXCLUSIVELY spoke to New Jersey State Family Attorney Peter G. Aziz. “Joe Giudice is not going to be able to take his kids out of the country if he’s deported,” Aziz revealed. “New Jersey uses something called the ‘Best Interests of the Child’ standards, so it’s in the best interest of the child to stay here because of their age and because they would be going to a foreign country. There’s no way that any judge would allow children of their age to be removed to another country.”
“This is different than a case like Kelly Rutherford’s because in this situation, Joe is being deported,” Aziz continued. Although the Gossip Girl actress’ ex-husband had full custody of their two children, she obtained temporary custody for a five-week vacation in the United States in 2015, Vanity Fair reported. The father lives in Monaco. “[Joe] will get deported before he even gets a chance to file any paperwork,” our expert source continued. “As soon as he finishes his prison sentence he will be deported right away, they’re not going to let him linger so he’s not even going to have a chance to file. Unless he files while he’s in prison, which good luck getting any judge to grant that, especially in Bergen County where they live.” And as for the deportation order itself, Joe only has until Nov. 9 to appeal.
But that doesn’t mean it’s goodbye for good. “His kids would be able to travel out of the country to see him, but he’s not going to ever be able to come back,” Aziz further explained. “He could always file an appeal but the odds of getting that granted are very unlikely, especially because he’s considered a felon, an ex-con.” Joe and Teresa were charged with 41 counts of fraud, which spanned mail, wire and bankruptcy fraud, in 2014. Teresa, whom Joe married in 1999, completed 12 months of her 15-month sentence from January to December of 2015.
“The standard that immigration uses is crimes of moral turpitude, and tax evasion fits into that, so it’s very difficult for him to even have a shot at coming back to the U.S,” Aziz told us. “Even his oldest daughter, Gia, is not of legal age to make the decision that she wants to leave with her father. But at 17 years old, all she has to do is wait until she’s 18 and then she can do whatever she wants.”
Joe immediately mentioned his kids when he heard his order, according to Radar Online. “I don’t understand how I can be deported on this case,” Joe told the judge, the outlet claimed. “If you will, I’ll tell you my side. I shouldn’t even be here right now. I have to go back and tell my kids this. They’ve been waiting to hear from me.”