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Can a judge legally grant custody of minor children to the father an illegal immigrant when the mother is a US citizen wants the kids in question and has no history of abuse or drugs?
Wiki User
∙ 11y ago
The judge may grant custody to any individual or agency whom he/she feels in his/her objective opinion would act in the best interests of the child. Sometimes this is the mother, sometimes this is the father and sometimes this is the state. This is exclusively a matter of state law. It has nothing to do with anyone's Immigration status.
Wiki User
∙ 11y ago
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Would a court appoint custody to an illegal immigrant father that resides in the US illegally if the mother that is a legal citizen dies and the children have a stepfather that wants custody?
yes
Can a non-US citizen go to court for custody in us courts?
It is possible for a non-US citizen to go to court in a custody case for a child. If one party is an illegal immigrant, they may be subject to deportation.
What happens to an illegal immigrant who defies a judge's orders?
The same thing that would happen to a citizen, the person will be taken into custody by authorities and jailed in a local and/or state and/or federal facility. The difference between the citizen and the immigrant obviously would be that after the unlawfully present immigrant has served the imposed sentence(s) he or she will be deported and permanently barred from entering the U.S.
If a US citizen is married to an illegal immigrant and they have two US born children can she obtain legal status or is she subject to deportation and would the children affect the decision?
If your already married she's already legal! * An immigrant legal or illegal does not become a US citizen by marrying a US citizen. The female immigrant who is in the US illegal can still be deported under US immigration laws. The issue of her being married to a citizen and having children may or may not be to her advantage. If she is taken into custody she will be given the chance to appeal any deportation issues, but there can be no guarantee of the outcome. The best option is for her to consult an attorney who is knowledgeable in immigration law before taking any other action.
Do stepchildren have dual citizenship when the mother is a US citizen and the stepfather a Canadian citizen?
If the stepfather has legal paper for custody, then the children under 18 are eligible for Canadian citizenship.
Can an illegal immigrant divorcing a US citizen claim alimony?
No not an illegal immigrant but a legal one can. * If the couple were legally married the immigrant spouse can request spousal maintenance (alimony). Immigration issues are federal matters and have no bearing on domestic issues such as divorce. child custody/support which come under the jurisdiction of state not federal law.
Can someone who is an illegal immigrant and has a baby with someone from the USA get child custody?
I think that an immigrant has the right to get custody of his or her child just like an American citizen.As long as they are fit and respondsible parents.
What if the mother has sole physical custody of the her children and the ex had visitation when can the children choose not to go?
see related question
Can a mother in the state of Texas regain custody of her children after losing temporary custody?
This question cannot be answered. There are simply too many facts about the situation that are not known.
Can illegals get custody of their children who are born in the US?
Yes. Undocumented immigrants already have custody of their own children unless it has been taken away by court order. Their lack of legal immigration status does not take away their parental rights.
If you have temporary sole custody of your children can you and your children move in with your boyfriend while the case to decide permanent custody is pending?
Yes, legally you may. Will the judge hearing the custody case look favorably upon such action is a bigger question. Speaking from professional experience, judges do not care for such arrangements especially when there are minor children involved.
Can an illegal immegrant get joint custody?
yes,he can even get full custody if you can be proven unfit.
