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Answered 2009-07-25 08:23:11

If the father gave up all parental rights - then he would not have to pay child support. Plus, if the mother is out of the country and is an illegal immigrant - she would not be a part of the child support system. She would need to be in this country. But, the main things is - if the father "legally" (signed papers) to give up his parental rights, then he is not liable for child support.

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no. the mom should be a legal resident before she cliams child suport.


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


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


i doubt it. as she is illegal, there's no record of her being in the country. thus, she doesn't exist in the country and she cant go to court without someone else papers or a fake identification. Actually, child support does not request evidence of being here legally to open a case. They get 15% in federal matching funds on all child support paid. In this economy, they are not going to pass up every possible case to open.


AbsolutelyIf the couple are not married and the assumed father did not sign the birth certificate or a declaration of parentage, then a paternity test will be necessary before the court will address the issue. The court can order a paternity test once the child support suit has been filed.The fact that the illegal immigrant may not be paying taxes or is undocumented is irrelevant.



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.


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.


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.


We would like to help you with the best answer we can give, but we do need more information. Is the father an illegal immigrant and does is he in contact with the child? Thank you


His alienage status is not, in itself, a bar to being awarded support.


yes, if its proven on medical records it is father of the child


My guess is they'd give him the right to a free ride out of the country and don't come back, Jack, but who knows with modern liberal courts.


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


If the father Legally gave up his parental rights - (signed legal papers), then he is no longer legally responsible to pay child support for the child. Did he give up parental rights so you could remove the child from the country? A family member of mine had to have her baby's father sign away his parental rights so he would not have to pay child support when he entered the military. So - once parental rights are signed away Legally, the father has NO obligation to pay child support. You cannot have it both ways - you cannot have him sign away his parental rights, yet still expect him to pay child support.


Out of the country or not, you are still required to pay child support.


You cannot force the father to marry you just because he got you pregnant. You can however have the court order him to take a paternity test to prove he is the father for child support issues. Good Luck!


Yes if the citizen is the biological father of the minor child. The status of the foreign national person is not relevant when the issue is child support. However, the undocumented immigrant will be required to report their status to USCIS and follow the procedures that are required by U.S. immigration laws. A person who is within the jurisdiction of the U.S. is, regardless of the situation may be subject to deportation and/or imprisonment.


In theory, yes. In practice, it's going to be very difficult, because illegal immigrants often work for cash and they can leave the country at any time.



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



She had to hunt outside the district boundaries, which is illegal


It can be done if the father is living in a country that has an agreement with the US - contact your State's child support agency.


Even though her nationality is Mexican American, she and her father were born in America. Her grandfather was a Mexican immigrant.



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