Can a single father earning 60000 per year easily win full custody from an illegal alien who cannot legally work and is solely supported by welfare with two child neglect charges documented with CPS?

Answer 1

Someone is having a problem and I'm sorry the family is not doing well. In any case, there are many factors that go into a custody decision and, yes, income is one of them. The state where the matter is adjudicated will make a difference, as some conservative states tend to always rule against illegal aliens and some liberal states are less likely to view lack of legal status as a determining factor. When you say welfare, I assume you mean Temporary Assistance for Needy Families ("TANF") as it is now called. I live in New York, which is a very liberal state, and New York will not give TANF to an illegal alien. They will give some benefits to the illegal custodial parent of minor who is a citizen. However, if there is a father (or husband), the state will prosecute him vigorously in an attempt to make him pay first before public monies are expended. Judges dislike taking a child away from its biological mother unless there is a compelling reason. Documented neglect is a compelling reason, but there are always degrees of seriousness. In short, my answer is that there are no easy wins in family court. Everything depends upon the specific details of your case and the predisposition of the judge. Hopefully, the outcome will be in the best interest of the child and the parents will eventually come to a point where they can cooperate at least minimally for the sake of their child. I wish you good luck.