What child custody rights does a male illegal alien married to a female US citizen have if they divorce?

Answer 1

All biological parents have the right to petition for custody of their child or children, regardless of their resident status. However, depending upon 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 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. 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!

Answer 2

Have you considered the following questions? Are you legally claiming paternity? Does the alien mother agree, or deny, that you are the father? Have you undergone DNA testing? Has the child been DNA tested? Is she claiming the child to be an "anchor baby?" Multiple questions and multiple problems arise with this whole scenario. I strongly suggest you contact an attorney skilled in the practice of immigration law.

Answer 3

No single fathers, citizen or non-citizen, has any assumed rights to the child. See link