The biological father of a child always has the right to sue for custody of his child. Whether his Immigration status will cause problems for him being awarded custody and or being allowed to stay in the country is a totally separate issue however. Solely based on the best interests of the child if the mother is truly abusive or neglectful the father should intervene in order to protect the child, irregardless of his legal status. While he may be deported and unable to obtain custody himself the state will assess the child's living situation and move to protect the child if it is appropriate.
if they got married to someone who wasn't illegal then she wouldn't be illegal. so she would get the children
Yes and yes
If he is not married to the mother, he has no assumed rights to the child even if she were a citizen, so the same challenges would remain in obtaining custody.
No it is not illegal, but it is for the married man if his wife filed for divorce on adultery ground. But emotionally for you it is extremely wrong to be with a married, and there are no excuses to wrongful acts.
Yes, you can get married with parental consent. However, marrying someone that is not in the country legally does not change their status.
If you are not married the custody automatically falls on the mother and the father have to go to court to get visitation or custody. If you are married you have equal rights.
No. If your mother has sole legal custody she can consent to your getting married.
It would be better if you were married, but there are other, less pleasant ways she can get custody. See related link.
A single father, what does that mean? Are you divorced, ever married to the mother of your child, or is the child adopted by you, or is the mother dead or out of the picture? If your question is "How does a Father obtain residential custody after a divorce or in a paternity case", then I can answer this question. Let me know what your grounds for custody are. What is it about the mother or other parent that makes it harmful for the child to remain in their care?
wife
Generally, if married he has custody rights equal to the mother unless she has brought a petition for sole custody in his absence. If he is not married his custody rights must be established by a court order.
A new rule still to come into effect can help in this case. Its the Application for Waiver of Grounds of Inadmissibility,Form I-601 waiver which can be used in case the illegal spouse can prove extreme hardship if separated. But this waiver is not in effect still.