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  1. #1
    Join Date
    Apr 2011
    Posts
    8

    Default Illegal Resident Alien Mom, U.S. Citizen Father, Can Father Gain Custody

    My question involves a child custody case from the State of: New York.

    I have recently suspected the my recent spouse of only 8 months may have alterior motives like obtain her residency from me and leave and file for Child Support. She would move back with her mother & brother who are both illegal aliens as well. She has been & will continue to work in her mother's business which is illegaly established, meaning no state registration, no EIN, due to her mothers illegal status. Given her unstable financial, poor socioeconomic background, and uncertain future in this country, can I gain full custody? I the father am a US Citizen, have a higher education degree, and have a respectable job with a respectable salary to along with it. Looking at the best interest of the child, would I have a strong custody case or would it back fire on me, like judge may say you must pay alimony and increase child support? Thank you for your response, much appreaciated!

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Illegal Resident Alien Mom, U.S. Citizen Father, Can Father Gain Custody

    But you knew ALL of this about her before marrying, correct?

    You've told the court that Mom is absolutely file parenting material...

  3. #3
    Join Date
    Apr 2011
    Posts
    8

    Default Re: Illegal Resident Alien Mom, U.S. Citizen Father, Can Father Gain Custody

    Yes, but can it be argued if father & mother were to divorce, given mothers situation she would not be able to provide the best environment for the child given all mentioned above. Can it be argued in favor of father that with the father out of the picture (i.e mother having custody), child's overall well-being has been jeapordized? So all of this is not considered in a court of law? I mean it only makes common sense, if the father who is better off and in the event of a seperation he is more than capable to offer a better environment without any support from mother and the mother is not, can that be seen as a positive. It seems the law is always skewed towards the mothers side and never to the father, even when the mother has less posibilities to offer a future to a child. I don't think that a "Father knew all of this before marrying is justifiable".

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