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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.

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โˆ™ 2008-09-03 10:17:23
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Q: What custodial rights does an illegal immigrant father have to a child born out of wedlock with a US citizen?
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What custodial rights does an illegal immigrant father have to a child born out of wedlock with a US citizen and is not on the birth certificate?

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