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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.

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15y ago

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If a spouse dies and is married to an illegal alien from Mexico who gets custody of their children?

if they got married to someone who wasn't illegal then she wouldn't be illegal. so she would get the children


Ive been married to an illegal for almost 8 years can he still be removed or can he fight the removal on grounds were married?

Yes and yes


Can American dad get sole custody of infant son from illegal mom?

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.


Is it illegal to be with a man who's married?

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.


If you are 17 and you have the consent of your mother who has main custody of you can you marry an illegal immigrant?

Yes, you can get married with parental consent. However, marrying someone that is not in the country legally does not change their status.


What rights does a mother have if custody hasn't been established?

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.


Your mother has full custody. Would your father have to consent for you to get married?

No. If your mother has sole legal custody she can consent to your getting married.


Your fiance and you are not married you raise his two little girls in which he has primary custody of His ex wife is getting married in October What are her chances of regaining custody once married?

It would be better if you were married, but there are other, less pleasant ways she can get custody. See related link.


How can you get residential custody of child as a single father?

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?


Marriage when a mother has custody of adult but then adult get married who has custody wife or mother?

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What custody rights does a father and a husband have to his children after a year of no contact with the children?

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.


What if you have a green card and get married to an illegal?

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.