Yes if she is entitled to child support after all of the calculations are done.status has no bearing on child support.
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.
Yes. His immigration status bear no significance when it comes to parental rights.
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.
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.
There is no such thing as an illegal US Citizen.
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.
Immigrant status play no part when it comes to parental rights so she has the same rights as every US single mother which means she has full custody and is the legal guardian of the child since birth. The father have to prove paternity by DNA and can then petition for shared custody, visitation and pay child support.
The custody issue would probably depend on the country in which it is tried and where the child resides. It is likely that the child will remain in the country he or she is living in.
Custody is awarded based on what is in the best interest of the child, therefore the judge will award primary custody to whichever parent is best suited to care for the minor child. The issue of the father being a legal immigrant does not invalidate his parental rights to a child whether they are custodial or visitation nor his obligation to pay support if he is not granted primary custody.
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.
See Link BelowChild Custody- Can Fathers Win
Yes. Immigrant status has no bearing when it comes to paternal rights.
You can leave and ask for temporary custody until the court has determined permanent custody.
I believe your ex would collect it
yes,he can even get full custody if you can be proven unfit.
Technically your parents will always have custody over you. But if you are a citizen then not really.
yes, but custody cannot be decided.
That depends on the judge. Normally in the US the mother is given custody. Although there is a trend of joint custody. It's no different than being married to a US citizen. My sister was married to Canadian and she was given full custody. It is always best to work out the arraingment with the ex.
No, Arizona is the only state in America where single fathers have a presumption of joint custody and can even take the child home from the hospital if they have signed the birth certificate.
Mother has sole custody in every state except Arizona. see link below
no, they would probably deport you back.
Not without the permission of the court.
Maybe, but it would be difficult unless extentuating circumstances exist. Custodial issues are mandated under state laws whereas immigration issues are the jurisdiction of federal authorities. Although being in the US as an illegal immigrant it is not the best situation to be in such a matter, the judge determines whether joint custody, primary custody or sole custody is granted based on the best interest of the child.