Can an illegal immigrant try to get full custody of a child born in the us conceived with a us citizen?
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Can an illegal immigrant try to get full custody of a child born in the us conceived with a us citizen?
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what if any are his rights he has no ssn, no visa, no documentation to be here and they were never married
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greenjellybean
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First things first, a paternity test would be needed. However, the reality of the situation is that, legal or not, father's aren't very likely to get full custody of a child away from the mother unless the mother is deemed incredibly unfit. Shared custody is most likely but it would probably be complicated by the illegal status of the father mostly because of the fact that just being illegal compromises the ability to gurantee a permanent stable home (considering the illegal immigrant is at risk of being deported and the child's status uncertain). |
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Fred S
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Child custody is a civil matter. The immigration status of the people involved does not matter. |
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Yak Rider
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Yes, if the illegal has an attorney he/she can march into court and "try" to get anything/everything.
Will the judge grant it? ... not likely. |
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Sidwell
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unless the US citizen is a drug addict, an alcoholic or a convicted criminal - and you have PROOF - then you as the illegal have NO chance.
you cannot even take them to court or you will be deported. |
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redhead27
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then first there needs to be proof that its his child, so a paternity test is in order. in order to get that i suggest a lawyer asap! |
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lisa c.
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i need a question answered for me...my sister had a child with an illegal immigrant,he is rarely ever in the childs life and has never paid child support or anything.my sister recently passed away, which in her will she left our younger sister and her husband guardianship over the child.Before her attorney could file all the guardianship papers before she passed,my younger sister had to file certain papers through the courts to get custody of the child(the child is in her possession right now),they have a court hearing soon and the childs father is trying to sue for custody and he's an illegal immigrant..what custody rights does he have?..We are affraid he will take off with him to mexico if he does get him and hes only 6yrs old and he doesnt want to live with his dad. The child is very scared...and what can we do to protect his rights as a us citizen even though he is a child?,i know our judicial system has to protect those rights..ITS THE LAW! |
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