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Thread: Illegal Immigrant Rights: Child Custody

  1. #1
    I posted several months ago about having to back out of sponsoring my illegal "husband". His reaction was very bitter and it has become very clear that having him in our daughter's life is not in her best interest. He and I are still married, but haven't spoken to each other in over a month.

    He's been in the US for 16 years, working off of the books. What I need to know is, what kind of rights to custody does he have if he's illegal in this country. I want to divorce him, but fear he can force me to give him partial custody. This is the man that left me for not having an abortion. I want to know what rights he can have, even though he's illegal. Does he have any?

  2. #2
    I posted several months ago about having to back out of sponsoring my illegal "husband". His reaction was very bitter and it has become very clear that having him in our daughter's life is not in her best interest. He and I are still married, but haven't spoken to each other in over a month.

    He's been in the US for 16 years, working off of the books. What I need to know is, what kind of rights to custody does he have if he's illegal in this country. I want to divorce him, but fear he can force me to give him partial custody. This is the man that left me for not having an abortion. I want to know what rights he can have, even though he's illegal. Does he have any?

  3. #3
    Someone12
    Guest
    just pick up the phone to DHS and have his a$$ deported

  4. #4
    Thanks, but that doesn't answer my question.

    Does he have any rights to custody if he continues to live in this country under the radar?

    (There are other older kids from an ex-wife who have established relationships with their dad. Because of those children, I wouldn't just pick up the phone and have his a$$ or any other part of him deported).

  5. #5
    Someone12
    Guest
    well, give me his name and I'll make the call....no problem.

  6. #6
    I posted several months ago about having to back out of sponsoring my illegal "husband". His reaction was very bitter and it has become very clear that having him in our daughter's life is not in her best interest. He and I are still married, but haven't spoken to each other in over a month.

    He's been in the US for 16 years, working off of the books. What I need to know is, what kind of rights to custody does he have if he's illegal in this country. I want to divorce him, but fear he can force me to give him partial custody. This is the man that left me for not having an abortion. I want to know what rights he can have, even though he's illegal. Does he have any
    Very little. In divorce, however, immigration status is irrelevant in most cases. If he has been abusive, the child should be allowed with you. Nevertheless, if the court deems that neither of you are fit parents, then the child will go to either a relative or foster care. I will be very careful about having, or demanding, him give up the parental rights simply because of his lack of immigration status. It would have to be based on something other than immigration status.
    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

  7. #7
    So, a father who is unable to support his child might be given rights to custody (even though he can't drive, have a bank account or make a decent living - is completely illegal)? He doesn't want full custody. He's emotionally abusive... mainly to me and sometimes to his older children whom he see's on weekends. Has he been abusive to our baby? No. He hasn't been around enough. He left when I found out I was pregnant and refused to abort.

    I'm not out to screw him and have him deported, just to be the one to decide when and if he gets to see our girl. I want to protect her. If he doesn't get counseling, it's undoubtadly in our girl's best interest that he not see her at all.

  8. #8
    Then what are you on an immigration forum for? The fact is you probably would like to see him get deported or at the very least dangle that in front of him. You write your post trying to come off intelligent. You aren't. You need to drag him into family court, let the court decide if this illegal s(c)umbag should have any rights or not and if the family court judge has any brains he'll somehow get ICE involved and then they will deport his sorry @ss.

  9. #9
    An agreement by both parents is always a preferred course of action since a joint parental decision is more likely to be followed than if an outsider makes a decision for them.


    If the parents fail to reach an agreement which then can be presented as a Stipulation for issuance as a court order, they can then take unresolved issues to court. The courts typically apply a "best interest of the child" standard in determining this restructuring of rights and responsibilities. Often expert witnesses, such as psychologists and licensed social workers, will be called to present evidence for consideration by the court. After the court has received such evidence, it is then in a position to make an order regarding what is in your child's best interest and how to allocate of decision making authority and physical contact each of you will have with your child.

    Parents' immigration status will not be considered (as a limitation in custody rights) in resolving custody issues.

  10. #10
    You write your post trying to come off intelligent.
    It IS an immigration issue if I "dangle" his status in front of him to keep him away from myself and our daughter... Isn't it? Bottom line is... If that's what I've got to do, I WILL.

    If getting a divorce will cause this much legal complication, I'll just leave it alone for now. He won't spring for the cost of filing.

    By-the-way, JEFF, I'm not trying to "come off" in any particular way. You're obviously a frustrated j-off with nothing better to do but insult strangers.

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