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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.

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?

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.


Can an child of us navy born in the Philippines out of wedlock be a us citizen?

The child of a US citizen is considered a US citizen.


Can a child out of wedlock claim child support?

In most states yes. However, the child will not claim it, rather the custodial parent.


Can a non-US citizen apply for a US Visa if the applicant has a recognized US citizen child born out of wedlock?

Absolutely yes - no problem.


When will your non US citizen wife bring her minor out of wedlock kids to US?

That's probably a question best directed to her.


Who has custody of a child when the parents are not married and there is not a custodial order from the court?

The law presumes that an unmarried woman has sole custody of a child born out of wedlock until/unless a court rules otherwise.


Is wrong to pregnant when are single in uae?

It is considered illegal to get pregnant out of wedlock, you face deportation if you are an expat and imprisonment. If you have a marriage certificate it is just fine.


Is the mother of a child born out of wedlock the custodial parent?

Yes, since we know she is the parent. The father have to prove paternity by a DNA test in court and he can then petition for visitation, custody and also pay child support.


Can a father of a child born out of wedlock enroll him in a school where he resides when child's mother has always enrolled him in school where she resides?

Only the legal guardian or custodial parent can do this and in this case I have a feeling it's the mother so no, he can not.


What is the duration of House of Wedlock?

The duration of House of Wedlock is 1.75 hours.


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Is the Child born in wedlock to one US citizen parent and one non US citizen parent in Istanbul Turkey eligible for us citizenship?

yes and no. yes because he has to live 5 years in the US and no because he was not born in the US


What is a sentence using the word wedlock?

When two people marry, they enter into wedlock.Wedlock unites a couple in "Holy Matrimony".Unfortunately, nearly 50% of people who enter wedlock also get divorced.Wonderfully, many couples keep their vows of wedlock until one or both die.


When was Billy Wedlock born?

Billy Wedlock was born on 1880-10-28.


When did Billy Wedlock die?

Billy Wedlock died on 1965-01-25.


When was Wedlock - band - created?

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If you were never married to the father of your child and there is not a court order for visitation would a judge remove the child from your custody if you move out of state?

No. If there is not a custodial order in place the law presumes that an unmarried mother has full custodial rights to her child and does not need permission from the biological father or the court in matters concerning the child. In addition, when a child is born out-of-wedlock the biological father must establish paternity before custodial, visitation and child support can be addressed.


What is a wedlock?

= wedlock = The state of being married; matrimony. The state of being united as husband and wife.


Where to use word wedlock?

Wedlock: Not getting a divorce solely because you know they will take everything.


When was Wedlock - film - created?

Wedlock - film - was created on 1991-12-10.


How do you use wedlock in a sentence?

My brother had 4 children out of wedlock, meaning his children were illegitimate heirs to our inheritance.


What has the author David John Wedlock written?

David John Wedlock has written: 'Cation binding to carrageenans'


What are the release dates for Wedlock - 1918?

Wedlock - 1918 was released on: USA: 27 July 1918


When was Fred Wedlock born?

Fred Wedlock was born on May 23, 1942, in Bristol, England, UK.