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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.

2006-08-10 16:25:47
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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?


Can an illegal immigrant father have custody of children of us citizen mother?

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

If an illegal immigrant mother is deported what happens to her citizen child if his father is a us citizen and they were unwed?

the child goes to the father

Can a illegal immigrant take his son to Mexico if hes a US citizen?

The illegal immigrant can take his United States citizen son to Mexico; however, it is highly likely that the illegal father will be detained at customs due to his lack of citizenship.

If an illegal immigrant mother is deported what happens to her citizen child if his US citizen father is deceased?

The CitiZen Chil will be adopted by Federal / State

Can an illegal immigrant father take custody from a us citzen mother?

This would be dependent on circumstances, such as the mother being abusive.

Can illegal immigrant mother living in Arizona collect child support from US citizen father with joint custody?

Yes if she is entitled to child support after all of the calculations are done. Immigration status has no bearing on child support.

What rights does an illegal immigrant father have in the US who had a child with a legal citizen in the US?

He has rights to the child since he is the father, but i don't think he has any more general rights if he is still illegal.

If an illegal immigrant marries a woman who has legal status and they have a child will the father then have legal status?

No, marrying a US citizen or a permanent resident does not grant the illegal immigrant legal status regardless of whether there is a child involved or not.

What custodial rights does an illegal immigrant mother have to a child out of wedlock with a US Citizen?

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.

Can an illegal immigrant be granted immediate custody of a child when the father is an illegal drug user?

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

Can an illegal immigrant be deported for committing a misdemeanor crime if she has a child born in the us and the father of the baby is a us citizen?

well the question of the daay would be are they married????

Can an illegal father get joint custody if never merried to mother who is a citizen?

Yes very likely since immigration status has no bearing on parental rights.

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?

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.

How do you adopt your wifes child if the biological father is not a us citizen?

The biological father have to give up his parental rights or this will not be possible. If he is an illegal immigrant he can still have paternal rights in the US. Once his rights are terminated you can apply for adoption.

What custodial right does a US Citizen Father have to a child born to an immigrant Woman?

The same as if she was a US citizen. You have to apply in court.

If a single mom decides to move out of state with her daughter and there is no custody established with the father is it illegal or does the mom need to get permission from the father?

It is illegal.

What custodial rights does an illegal father have to a child born in a marriage with a US citizen?

Same as a US Citizen father, nothing.

What custodial rights does an illegal immigrant father have to a child born out of wedlock with a US citizen?

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.

Can a US citizen get a green card for the father?

Yes a US citizen can sponsor for parent using the immigrant application Form I-130. Before that US citizen should file for a immigrant petition to prove relation with the alien relative.

If father and child an US citizen and illegal mother is deported What happen to the child?

The child is an American citizen if the child was born on American soil. The child should be able to stay in the US with the father. Unless the mother takes the child with her. There could be a custody dispute between the mother and father, it should be what is best for the child.

Does an illegal father have rights to u.s born child mother is also a us citizen parents are not married does the father have legal rights to this child?

It depends. In pakistan, the father has the custody. In US, both parents would be considered for custody, however case is stacked against father from get go based on his illegal status in US. However if mother is considered as responsible parent (based on her past), she might not have a problem wining the case.

Who will get custody of a child in a divorce if the mother is a US citizen and the father has a 'green card'?

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.

Child is a US citizen mother is Indian citizen father is US citizen who gets custody?

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.

If a US citizen is married to an illegal immigrant and they have 2 us born children can the father obtain legal status or is he subject to deportation and would the children effect the decision?

That depends- is the father the illegal immigrant or is he the US citizen? If so, he would have to leave the U.S. And no, the children have no effect on the decision.AnswerThe US citizen needs to find out the steps to get the spouse legal. If s/he is deported, it will seriously affect the family. Having US children does not change his status.Like all things, facing the problem and working on it right away is better in the long run.