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Results 1 to 9 of 9

Thread: Illegal father wants NC court to award custody of US born child...Is this probable?

  1. #1
    Where can one go to receive specific information that will help someone determine the probability of the following situation...

    (1)Illegal father has a child with a US citizen.

    (2) The ex-girlfriend leads the father to believe that she is taking care of the child and he provides cash contributions to help with taking care of the child.

    (3) The father recently learns that the ex-girlfriend has taken off and left the child in the care of what would be the equivalent of his sister-in-law had he married his ex-girlfriend.

    (4) Everyone on the other side of the table is a US citizen.

    (5) What are his chances of acquiring legal custody of his child AND remaining in the US to care for him.

    (6) The father does visit the child and continues to make cash contributions to the family for his child's well-being.

    (7) For clarification purposes, he is truly illegal as opposed to being out-of-status.

    All comments welcome. If you know of similar cases in other states, please let me know, but NC will be the most relevant.

    Thank you.

    Shylock.

  2. #2
    Where can one go to receive specific information that will help someone determine the probability of the following situation...

    (1)Illegal father has a child with a US citizen.

    (2) The ex-girlfriend leads the father to believe that she is taking care of the child and he provides cash contributions to help with taking care of the child.

    (3) The father recently learns that the ex-girlfriend has taken off and left the child in the care of what would be the equivalent of his sister-in-law had he married his ex-girlfriend.

    (4) Everyone on the other side of the table is a US citizen.

    (5) What are his chances of acquiring legal custody of his child AND remaining in the US to care for him.

    (6) The father does visit the child and continues to make cash contributions to the family for his child's well-being.

    (7) For clarification purposes, he is truly illegal as opposed to being out-of-status.

    All comments welcome. If you know of similar cases in other states, please let me know, but NC will be the most relevant.

    Thank you.

    Shylock.

  3. #3
    Someone12
    Guest
    0.0

  4. #4
    Immigration is a federal issue and custody rights are state matters. This is not an immigration issue, go get a family lawyer.

    Relevant facts with custody issues are where the child's interests will be served best. Even if the father is illegal, thats not relevant.

  5. #5
    I agree...state matter
    A friend of mine in Florida wanted to adopt his niece (who's father is a Mexican citizen with a criminal record). The lawyer told him the father had to either give up his rights if they could find him OR wait a certain length of time to see if the father would respond to the request. Most illegals are scared to answer any legal requests that they won't respond, but the lawyer still had to try.

  6. #6
    (5) What are his chances of acquiring legal custody of his child AND remaining in the US to care for him.
    Even if he acquires legal custody of children he will not acquire any basis to legalize himself and stay in the US. He should seek other ways to legalize, i.e. marry US citizen. His children will be able to sponsor him for GC upon reaching age 21.

  7. #7
    I think his lack of legal status will influence the decision greatly. Chances of him being deported, problems caused by having no legal status that could affect the child, etc. Also, if he wanted custody why didn't he attempt to get shared custody at birth? Has the mother been gone long, did she just "dump" the child and the family members don't know where she is?

  8. #8
    I am going through the same HELL. I have been with my X-girlfriend for the past 5years as a result, we have one child which i raised from birth. About 7 months she got up and left us and she married somebody else. Now she filled for custody. My lawyer tells me that i have a very strong case except for one thing..which is the immigration issue, my application I-485 application just got denied. According to my lawyer, he is almost sure that they will bring the immigration issue and will try to get me deported hence giving her full custody. i will take any kind of advice from anyone? my email address is; gediont@sbcglobal.net.

  9. #9
    I would say chances are good. This is a state issue and his immigration status is not relevant here. Mother of child has effectively abandoned child with false pretenses to father of child. Marasmus is correct that the child's best interest comes first and foremost and a good family lawyer could argue for the father. It would be difficult for the mother ro argue that she is the best fit unless circumstances about the abandonment can be reasonablely explained. Then the father is up the creek, so to speak.
    "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

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