How should a US citizen father prepare for a child custody case against the illegal immigrant mother?

Answer 1

File for custodial rights in the appropriate state court in the city or county of residence. Be advised that the mother's illegal status is irrelevant in custodial proceedings as US law presumes both biological parents have equal rights to a child until a court rules otherwise. Furthermore, if the couple were not married the law presumes the mother (illegal or not) retains full custodial rights to the child until the father establishes paternity, files suit for parental rights and a ruling is made by the court.

Answer 2

The most effective way would be to make out a police report for identity theft. However, if you knew about this before the divorce proceedings began, then it makes you an accessory. Consult an attorney; if the parent really is illegal, they may have no custody rights, but laws vary state to state. * The same way any parent prepares. Have a parenting plan ready to present to the court. Have all necessary documentation, especially proof of paternity, proof of income, tax statements, residential information, etc. In some cases the court will allow the parent to present character witnessess. Allegations of illegal activity that have not been found valid by authorities cannot be presented in custodial proceedings.

Answer 3

US law presumes that an unmarried mother has sole custodial rights to a child until the court rules otherwise. This applies to US citizen fathers as well as non citizen fathers. Before custodial issues could be addressed the father would have to establish paternity, preferably through DNA testing. The issue of the father not being a US citizen has no bearing on his rights to petition for custody or visitation. Although his being unlawfully present in the US will most assuredly be brought to the attention of U.S. Immigration.

Answer 4

Yes. If the mother is an illegal alien, she has no legal standing in US Family Courts. As such, if she brought the case to court, she could quite likely be facing deportation. As a military father, he has not only the legal rights to the child, who is also a legal US citizen, but the child has the right to remian in the US, and the father unquestionably demonstrates the ability to provide financially for the child, which the mother will be unable to prove.

Answer 5

There is no such thing as an illegal US Citizen.

Answer 6

Yes. His immigration status bear no significance when it comes to parental rights.

Answer 7

no, they would probably deport you back.