Illegal immigrant Mother, Legal Father - who gets custody?

Mar
18
  • If a man who is a legal US citizen has a child (out of wedlock) with an illegal immigrant.... and the mother is deported (for being illegal immigrant).

    who gets custody of the child? the child was born in the united states -- but they were never wed.


  • That's up for the courts to decide.


  • It is up to the Family Court. The father needs to ask for custody if the mother is to be deported. If she is still here he can ask for joint custody and then if she is deported he will be able to keep the child unless she wants to take it with her. If that is the case the Family Court will have to decide.


  • Citizenship follows the mother. If the father is on the birthcertificate, then the child may be able to choose which citzenship he wants, but the courts decide who gets custody in a divorce.


  • The father most likely, seeing as the mother is not likely to appear in court.


  • Family courts decide child custody, not immigration.


  • It depends on several things: The state, is the father named on the Birth Certificate, both parents ability to care for the child, the Mother's country (some won't let the child in), is there other family member that can help raise the child, the social service report, the judge hearing the case.







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