child custody

[julius]

i have a daughter who was born in the u.s. her mother is illegally here. we separated and are going through a custody battle. i filed for full custody. if the mother is deported then who gets custody? she has been caught for lying in court papers etc... will my daughter be deported with her or what? the mother has been in the u.s. for four years now. she has worked under a fake card and social security number. I am very concerned about my daughters identity being sold to some one else. this would effect her future severly. i want her to have all the benefits i can give and maybe some one can give some advice on what more I should do. please help if you can.

[julius]

i have a daughter who was born in the u.s. her mother is illegally here. we separated and are going through a custody battle. i filed for full custody. if the mother is deported then who gets custody? she has been caught for lying in court papers etc... will my daughter be deported with her or what? the mother has been in the u.s. for four years now. she has worked under a fake card and social security number. I am very concerned about my daughters identity being sold to some one else. this would effect her future severly. i want her to have all the benefits i can give and maybe some one can give some advice on what more I should do. please help if you can.

[Glühbirne]

If you can prove that your wife is an unfit mother, than you might be able to get custody. I'm not sure if immigration status is taken into consideration in custody battles. Why didn't you apply for your wife's greencard if you were married for four years?

[Dad of 3]

Child Custody laws differ from state to state. Normally, immigration is a separate matter from custody.

However, at the risk of sounding unkind (which I dont want to) I am hesitant to say much more because the threat of deportation is one of the most frequently used "tools" used by US citizens against non citizens in order to get the upper hand in divorce and custody proceedings. The non US citizen knowing no better gets scared about deportation and give in to things that they might never otherwise agree to.

On the other hand, lying in court papers is soemthing that is serious, especially if it is done under oath.

My suggestion would be to talk to a family law attorney in the state where you live. Otherwise it is best to simply let the judge know about the issues and let let the Court sort it out.

[swissnut]

I concur with Dad of 3, that the threat of deportation may not do the trick. If you wish to inform BCIS of your wife's illegal status then that is a different matter entirely.

Rather than to cast doubt on your alien wife's future ability to remain in the USA as a result of her illegal status, maybe you could talk to your atty about how her illegal status might affect her future ability to work and to be able to provide a stable home environment for the child - as a means to make your full custody battle more effective.