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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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The immigration status of a spouse should have no factor in getting a divorce in Florida. If there are children involved some issues may arise. Consulting an attorney woul…d be the best course of action.
The order of law invovled, jus soli, was enacted with the 14th amendment to grant citizenship to all aboriginal people of continent US and extraterritorial regions under US co…ntrol. Jus soli was enacted as a measure of good faith and to aid the integration of foreign nationalities into American citizenry. Legally, the current situation is that any child born on US soil is a U.S. citizen, regardless of their parent(s)' immigration status. The Citizens Act of 1924 is where Congress legally indicated that there are two classes of what is known as "birthright" citizens: (1) those born in the U.S. (and areas of U.S. sovereignty), and (b) persons born on Native American reservations. The second instance was added because, at the time, Indian Reservations were technically sovereign, not U.S. soil. This was later changed, and all Native American reservations are now fully part of the sovereign U.S. The latest relevant Supreme Court case, U.S. v Won Kim Ark (1898), is currently the definitive precedent, stating that birthright citizenship legally exists, without regard to the parent's legal immigration status. The sole exception (and, the ruling is explicit in this manner) to birthright citizenship is if BOTH parents are covered by diplomatic protection. This is the current Supreme Court interpretation of the 14th Amendment. All of this is based on the Court's interpretation of the 14th Amendment, which is the Constitutional basis for defining U.S. citizenship. And, the purpose of the 14th Amendment was NOT to implement jus soli (that's misguided). That was a (perhaps unintended) side effect of the way the 14th was written. The actual purpose of the 14th Amendment was to extend citizenship to the former slaves, and, as such, included a very broad definition of citizen, to insure that no loopholes could be used to deny citizenship to former slaves. Broadly, the modern "problem" (and, I quote "problem" since there is by no means consensus that it actually is a problem) is that there was no concept of "legal" or "illegal" immigration until the mid 1900s. As such, the courts have interpreted all the prior legislation (and Amendments) to apply as written, which is to anyone in the U.S. Despite some creative legal ideas by several Law Professors, it is highly unlikely that any change in Birthright Citizenship can pass a Supreme Court challenge, under existing law/precedent. It is almost certain that a Constitutional Amendment would be necessary to distinguish between legal and illegal residents (and their associated rights). For further reading, look at the link below, which is the actual US Code (i.e Law itself), where it is spelled out explicitly who is a U.S. citizen. This US Code is the result of the court rulings and Congressional legislation.
Answer Follow the same procedure as if the person were a citizen rather than an illegal immigrant. File the dissolution of marriage petition in the proper c…ourt in the state where the person wishing the divorce resides.
When does the non-custodial parent's medical insurance coverage stop for a child of divorced parents?
It would depend on why it stopped. If the non-custodial parent lost his or her job and their medical insurance along with it, the courts may not expect the unemployed parent t…o maintain medical insurance if doing so would be financially impossible. However, child support would continue as all states allow unemployment benefits to be garnished for that purpose. If the non-custodial parent is unemployed, it's doubtful the remaining unemployment benefits would be enough to purchase medical insurance for the child, but if the custodial parent wanted to push it, he or she could file an action against the non-custodial parent for enforcement, but you can't get blood from a turnip. All that may result is the non-custodial parent going to jail making it impossible for them to seek work and harder to find a job with an arrest record after they get out. It would be easier to see if the child qualified for Medicaid and used that until the custodial parent found another job and could put the child on the new insurance plan. If the insurance was dropped "just because", in that case, the custodial parent should file notification of violation or a motion for enforcement in the court with jurisdiction over the child. It would depend on the laws in effect at the time (regarding to what age a child can be covered on a parents medical insurance), the separation agreement if any and any child support orders in effect. You should review all the court orders in your file and speak with an advocate at the court or an attorney if you still have questions.
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!
The parents have assumed joint custody.
If one parent has full custody of a child and that parent dies will the living parent get the child?
Yes, unless the living parent has a court order not allowing them to be with the child in that case the child would go to the next relative that is willing to take the child. … The surviving parent will still have to go to court to have the custody awarded to him/her. After all, the court felt there was a good reason that the full custody award was rendered in the first place.
Perhaps you have grounds for an annulment if you can demonstrate that he married you to become a citizen. This would mean that he didn't enter into the contract honestly. You …may be able to avoid the technicalities of petitioning for a divorce.
To make an overall decision? Age 18. To express an opinion, age 12. A judge will evaluate that opinion, along with a GAL report, as it applies to the overall evidence prese…nted in a custody case. The assumption that a child can make a choice at a certain age on something that affects their lives can have unwanted results as they come to believe this can apply to all issues, including sex and school attendance. see links
Yes, illegal aliens can obtain a divorce if they meet their state's minimum residency requirement. In the USA, basic Constitutional rights, such as the rights of free s…peech, freedom of religion, due process, etc. are rights guarenteed to every person within the jurisdiction of the Constition. The Supreme Court has said this on numerous occasions and it is a well established and largely uncontroversial cornerstone of constitutional laws. There are also basic statutory rights that immigrants have. For example if an employer pays an employee below minimum wage, or violates other labor laws, that illegal alien has the right to sue and collect damages. Non-citizens are not technically covered by the same Civil Rights granted to U.S. citizens. Among other things, they cannot vote, in some states they are not eligible for the same welfare and government assisted health benefits and in most states, illegal aliens cannot legally drive. These rights vary a lot from one state to the next. Hope this helps!
United States Generally no, not permanently nor long term. That parent cannot interfere with the parental rights of the other parent which include the visitation schedule. Th…ey need to return to court and request a modification of the existing orders. It depends on the circumstances and the case will go more smoothly if the other parent consents.
In the United States when the custodial parent dies, the non-custodial parent automatically gains custody unless they've been deemed unfit.
In most places the surviving parent will automatically be considered to have custody. If there is a reason that this should not happen, the court will appoint a guardian. Ot…hers could petition the probate court for custody.
While rare it has happened. Typically, the noncustodial parent must have a criminal or abusive history and have had parental rights severely limited or terminated. The custodi…al parent (soon to be exspouse) must demonstrate a potentially dangerous environment for the child. And, the stepparent must have a parental relationship with the child. In short, the court must be convinced that such an arrangement is in the best interest of the child.
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.
Non custidial parenting getting underage child a tattoo can she what rights does the custodial parent have?
It depends on what kind of custody arrangements you have. If you have joint legal custody, you both have to decide together what is best for the children. If you do not want t…he child to have a tattoo, the non-custodial parent should not allow the child to have it done and you can file contempt charges if they do.