What would you like to do?
i'm sorry, but that last bit of info is not accurate. I am petitioning for a baby right now whose mother likes to run around and have fun more than she wanted her baby, so i filed for custody. He was taken to foster care, but the father challenged my petition and is currently enrolled in the process of pleasing the court enough to take the child into his own custody. The court tried to order that his custody of the child would be contingent on, amomg other things, learning to speak English, and becoming a legal resident of the USA. The court did deem that way too difficult and time consuming. Now, I have also dealt with immigration alot, and I know it is way too expensive to just come out for one person.
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If an illegal alien and a US citizen are to get a divorce and they have a baby born in the US would both have custody rights?
Immigration status is a completely separate issue from child custody rights.
What child custody rights does a male illegal alien married to a female US citizen have if they divorce?
Answer All biological parents have the right to petition for custody of their child or children, regardless of their resident status. However, depending upo…n the circumstances the judge is more likely to look favorably on the citizen parent, because the child or children are U.S. citizens and are protected by civil rights laws. The best option for the non-citizen parent is to obtain legal advice, if needed, the person may contact the legal aid society in the state in which they live for referral to an attorney who specializes in immigration problems, and charges fees scaled to the individual and/or accepts pro bono cases. Information for obtaining legal counsel can also be found at United States Citizenship and Immigration Services website, http://www.uscis.gov, and United States Department of Justice website, http://www.usdoj.gov Answer Whether the male is a legit U.S. citizen or not, the child is more than likely to live with the mother, unless her living conditions are unstable or she is unemployed. The sole bread winner is usually a factor that is looked at also.In this case it seems as if the mother will probably get the child. But have a close watch on her for the next few years and try to get a grounded life, such as getting married and buying a house. The courts really look up to an already grounded family. Answer You first must see if you can apply for residency and solve that problem! As far as the child goes, although your status as a current illegal alien might not help your case in court, the decision as to what parent will have custody is mainly based on who was the main care taker of the child. Since the mother usually is the one who is nurishing the child by helping him/her get dressed, feeding the child, etc. (when younger child or baby is involved), then she would custody and you would get visitation rights. If there is child abuse then the main care taker goes out the window if he/she is the abuser. The sole responsibility of the judge is to look out for the child's BEST INTEREST and which parent is mostly involved in that child's upbringing!
Yes. Child support is ordered by the state court of jurisdiction. Immigration issues are federal jurisdiction matters. Even though there are a few states and/or… communities attempting to pass laws or have established laws relating to specific immigration issues such laws are being challenged and thus far have been found invalid. An illegal immigrant can also be ordered to pay child support whether or not that person has a traceable financial record or not. However, the custodial parent/guardian will, no doubt have a difficult time collecting ordered support if the obligated parent refuses to voluntarily cooperate.
Whoever it is better for the kids to live with.
in America :D
If parents have joint custody and one parent is getting married and wants the child to attend but other parent says no what can be done?
This all depends on visitation schedule and who has primary custody. The parent with the primary custody has final say and nothing can be done about that.
If a custodial parent moves out of state who is responsible for getting the child to the non custodial parent?
Both parents should split the cost or meet halfway in the interest of preserving the relationship of the child with the other parent. Also, there may be provisions for i…t in the divorce decree, but generally that agreement is reasonable for about 2 years because life goes on.
Depends on the parents and what the court find is best for the child. Most courts likes to see shared custody so the child has access to both parents. The gender of the child …is irrelevant when choosing a parent.
Who gets custody of child born out of wedlock in the state of new york when one of the parents abandons child and relationship?
the one who did not abandon the child probally
depends if they are green or blue.
Can an illegal alien mother who has a US born son file for child custody rights for another minor son who is a legal resident?
Better for her to straighten out her citizenship status first. Without that, she is opening a can of worms regarding her stay in the US.
be the first to file
Is it illegal for a divorced couple to use the same money to rotate it between the child support agency to the custodial parent back to the non-custodial parent and then back to the agency?
I take it that the NCP is sending payments to the agency and the CP is returning those payments to the NCP. This doesn't appear to violate any law.
It's rare for the custodial parent to have to pay child support, but it does happen. It usually only occurs in one of three situations: 1. The custodial parent makes signifi…cantly more than the non-custodial parent. 2. Parenting time is split 50/50 (or close to it). Or 3. The non-custodial parent is paying additional expenses for the child, such as high health-care premiums or child care costs. Your state may have other exceptions to the rule, but yes, exceptions do exist and the custodial parent is sometimes required to pay child support to the non-custodial parent.
yes It's possible but unlikely because, in general, child support is based on the obligor's net income. In some countries like Australia, parental child support is based on …a percentage of the non residential parent's net income. This amount is regardless of what the residential parent earns. The governmental child assistance amount changes according to the residential parent's income. (In the case of Aus, RESIDENCY means whichever parent had the child living with them at the time. CUSTODY means whichever parents has the responsibility for decisionson the child's life. Generally this means both parents unless neglect, violence etc is involved)
The mother has presume sole custody and control, regardless of the circumstances in all states.
Can a parent of a woman getting divorced in the state of Rhode Island be an influence on the courts decision in favor of said woman in a child custody case if woman is unable to support the child?
Potentially yes, especially if the woman is living with or receiving documented financial assistance from her parents. The courts consider all sources of income as well as the… child's living environment when making the decision regarding who is awarded custody.