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.
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.
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.
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