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  1. #1
    Join Date
    Feb 2006
    Location
    Miami
    Posts
    1

    Default Can an illegal alien gain the custody of a child?

    The custody has never been questioned and I've never claimed for it, but my ex-wife never allowed me to see or talk to my child even when I am paying for child support.

    Now the fact that My ex-wife is an illegal alien who has an expired visa, Does it give me any kind of advantages to obtain the custody of my child if I am an american citizen or the law doesn't look at the inmigration status?

    I am asuming that the court shall rule in favor of the child but it looks as if the court always rule in the favor of the mother regardless the well-being of the child and I have seen many cases in which the court waives mother's deportation

    Many illegal aliens consider a new born child as an anchor to stay in the US, this well known as "Anchor Babies"

    The question is: Is there any law that protects american citizens from illegal aliens who want to use "Anchor Babies"?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Child Custody

    There is no reason why an illegal alien cannot seek custody of her child. That does not necessarily mean she will be able to remain in the country even if she wins custody, but there are plenty of international child custody disputes in this nation where one parent leaves the country with the child at the conclusion of litigation. You can raise the international aspects as an issue during the custody litigation.

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