Citizenship and Marriage
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Can someone who is an illegal immigrant and has a baby with someone from the USA get child custody?


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Wiki User
2011-09-12 15:59:44
2011-09-12 15:59:44

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.


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Most likely the illegal immigrant will be deported to the country he/she came from and the parent will be thrown in jail. The child may have to stay with a family member or foster care until found a good living environment

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No, that just means that the child will be a US immigrant. The illegal immigrant will still be illegal.

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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.

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it depends on the circumstances that the child is living in. it should matter the child's well- being foremost and first.

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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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