If there is not a court order for custody and your wife who is a illegal immmigrant left with the child can the father take the child from the babysitter's while the mother is at work?

Answer 1

well we are mot married i guess it would be common law,but we never got a paper signed from the county clercks office.i am concerned for my daughter,she is 15 months old,born in u.s.,and her mom is an illegal alien,and my daughter does not eat baby food,she eats adult food,and she is sleeping on the floor instead of a crib.i was wondering what i can do if it would be wrong for me to go pick her up at the sitters,without a court order,and without her knowing.it is for the health and best interest for the baby.we have both discussedcustody and it dont matter who wins,as long as we get our days with the baby. First of all if she is your wife then shes not an illegal alien in cases like this usually whoever has physical custody of the child at the time a divorce is filed for will be granted temporary custody of the child until the divorce is final. As far as picking the child up from the sitter that would depend on what your wife has told her but I think as long as there is not an injunction against you a parent is not supposed to be cgarged with kidnapping their own child. * An illegal immigrant's status does not change when they marry a US citizen. They are still considered unlawfully present in the US and must apply under USCIS regulations to have that status amendeded. Because of stricted Immigration reforms most foreign nationals who entered the US illegally are required to voluntarily return to their country of origin or be subject to deportation even though they are the legal spouse of a US citizen. That aside, if there is not a custodial order from the court both parents have equal rights to a child or children born of the marriage. The basic rule is that the other parent must be notified of the action by the child care facility or child care provider and by the parent taking possession of a child of a MARRIED couple.