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In a divorce who gets custody of a child born in the USA if one parent is an illegal alien?

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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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