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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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Related questions

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?

Immigration status has no influence on parental rights but you have to prove paternity in court by a DNA test to get them. Then you can also petition to sign the birth certificate.

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.

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