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In a divorce who gets custody of a child born in the USA if one parent is an illegal alien?
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.
in America :D
First, document everything. Write down all of the actions that the custodial parent takes to alienate your child from you. Take this documentation to an attorney and ask the…m to file an action seeking specific court orders prohibiting the wrongful actions of the custodial parent. If the actions are bad enough, the attorney may suggest that you file a motion to change custody to you. In addition to legal recourse, you can take certain steps to protect your child. Be certain not to blame or punish your child for acting out their anger toward you which was instigated by the other Parent. They don't understand why they have certain feelings. Parental Alienation is akin to brain washing a child. There are many other steps you can take to stop alienation, but we don't have the space here to go into detail.
What child custody rights does a female illegal alien married to a male US citizen have if they divorce?
If she is married to a US citizen, surely she isn't an illegal alien? Unless they married using false documents or some other illicit means, in which case there is no ma…rriage and so no divorce; I should imagine in that case the children are hers. It sounds a very complex situation and legal advice should be sought to resolve the case. Above all, don't take advice from friends or family. Speak to someone who knows about these things; you could approach the appropriate government department - anonymously, if you like - to at least get an idea of where you stand.
It really depends who gets full custody. Sometimes if a child is being abused by one of their parents they will move in with either the opposite parent or go with a foster fam…ily but sometimes it is your choice. Legally you can go to court and try to fight for who you live with but lets say if you live with your dad and he does something illegal sometimes you have to go with your mom. And i don't know why but most people i know who's parents have been divorced stay with their mom.... Like me :(
Who gets custody of the children in a divorce if one parent is US citizen and one is an alien and children were born in US?
I'm assuming you mean illegal alien, so unless the illegal parent has gotten rich in America to pay for a WAAAAAAAAY better lawyer than the US citizen, most likely the c…itizen.
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.
If divorced parents have joint custody and one of them goes to jail does the other parent automatically get sole custody of the minor child?
No. The remaining parent must visit the court and request a modification of the custody order. That parent should act as soon as possible.
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.
In a divorce who gets custody of a child born in the US if one parent that is my wife is an a resident alien and wants to take them to Germany with her?
Getting custody and the right to leave the country are separate matters. see link
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.
The mother has presume sole custody and control, regardless of the circumstances in all states.