Does Illegal Non Resident Mother Still Qualify for Child Support

My question involves child support in the State of: New York. Recently my cousins girl friend who is an illegal non-resident of the United States got pregnant by my cousin who is a U.S. citizen. My cousin is worried that she will try to take advantage of him with Child Support since he has a well paying job. If she decides to keep the child, would she qualify for Child Support in the state of New York as an illegal non-resident. If they enter into a civil union and get legally married in NY, but my cousin does not sponsor her for her residency and later files for a divorce, would she still qualify for Child Support? I know my cousin is a man of honor and would not run away from his responsibility, he simply wants to protect himself since the woman got pregnant rather quickly so he is afraid it was just a way of trapping him. I thank any responses.

She is entitled to file for child support whether she's a citizen, an illegal alien or anything inbetween.

And really - if he didn't want to run the risk of pregnancy, he needed not to have slept with her. It's hardly all her fault.

Thank you. Of course they are both adults and are equally responsible for conceiving a child. Given the circumstances he was concerned her intents are not sincere and rather wanting to take advantage that she will have a child by him. If they do enter into a legal marriage and later divorce, can she legally obtain residency because she is married to a U.S. citizen without his consent or without him sponsoring her residency?

No, the only way she can obtain residency through marriage is if he goes ahead and sponsors her. However that also depends on how she is illegal. If she entered without inspection, then she cannot adjust her status without first returning to her native country (unless she applies for, and receives, a hardship waiver - not easy to do). If however she entered legally and overstayed, her task becomes markedly easier.

Unless he intends to remain married, I strongly suggest that he doesn't marry her and sponsor her - the financial obligations are heavy, and serious.

Anything stopping him from filing for joint custody?

Great, I will relay the information. I do think there is a chance for joint custody, however what if he would like to gain sole custody, given that she is an illegal non-resident, can it be deemed in court that the child would have a chance of a better future with the father? What if they do enter in a legal marriage but he never sponsors her, would she qualify for anything else other than Child Support. What other legal and financial obligations would fall upon him, and would the court favor him given he is in a better situation than the mother and thus better able to provide a brighter future for the child?

Her immigrant status cannot be used against her in family court...although it often does enter the equation. How did she enter the country though?

Depending on how long they remained married, she could get spousal support too.

Nobody can guess how the court would rule; but unless there is a question of fitness it's unlikely Dad will get sole custody of an infant.

She entered here with a tourist or student Visa not quite sure, but it is one of those mentioned. They have'nt been married for long, less than a year. What would a court consider a unfit mother and thus grant sole custody to the father other than the obvious such as drug addiction, neglect, and abuse etc.? Can the better financial and education background of the father be used to win sole custody? Thank you for your responses.

Now you're saying they're already married? That changes things considerably. Please give us the actual facts....

Yes, please excuse the confusion. They've been married for less than a year. However, he has not sponsered her for her residency and plans on keeping it that way for the time being. Thank you for your responses.

OK.

Once the child is born they will both have equal rights to the child. Dad cannot prove Mom is unfit (he married her and impregnated her, telling the court that she's absolutely fine parenting material) unless he can prove abuse, neglect, etc.

When it comes to custody, the court looks at many factors. Given that they're married, they do stand equal in the eyes of the law. However given that Mom is not unfit, presumably a SAHM and Dad is working Mom will likely be the primary caregiver and generally the courts tend to prefer the status quo. By the time it's heard in court she will have status quo on her side as primary caregiver.

Of course, Mom could agree to 50-50 timeshare - but unless she does, it is unlikely to be ordered against her wishes. Dad should ideally speak with a local attorney who can gauge the climate of the local courts though.