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  1. #1
    Join Date
    Nov 2008
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    Default Illegal Alien (Mother) Who Has Had a Child in the U.S. - What Rights Does Father Have

    The mother is an illegal alien who had a child 4 years ago in the US. She is giving the father (a US citizen) a hard time regarding any contact with the child. I'd like to know:
    Can he force her to have a paternity test?
    Can he get legal visitation or partial custody from family court?
    Basically, what rights does he have regarding this situation?
    He'd like to have contact with his child, so what should he do next? Thank you

  2. #2
    Join Date
    Apr 2009
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    Default Re: Illegal Alien (Mother) Who Has Had a Child in the U.S. - What Rights Does Father

    Quote Quoting IwannaKnow
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    The mother is an illegal alien who had a child 4 years ago in the US. She is giving the father (a US citizen) a hard time regarding any contact with the child. I'd like to know:
    Can he force her to have a paternity test?
    Can he get legal visitation or partial custody from family court?
    Basically, what rights does he have regarding this situation?
    He'd like to have contact with his child, so what should he do next? Thank you


    Dad needs to file to establish paternity along with visitation and child support.

    To be frank, Mom was obviously good enough to sleep with and impregnate - her immigration status is unlikely to be held against her at this point.

  3. #3
    Join Date
    Nov 2008
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    5

    Default Re: Illegal Alien (Mother) Who Has Had a Child in the U.S. - What Rights Does Father

    Quote Quoting Dogmatique
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    Dad needs to file to establish paternity along with visitation and child support.

    To be frank, Mom was obviously good enough to sleep with and impregnate - her immigration status is unlikely to be held against her at this point.
    Thank you for your advice Dogmatique. For the record, he does want to establish paternity, have visitation and pay child support. His issue is the possibility that she may flee the country with his child. He wants to know if there is anything he can do to stop her from leaving with his child BEFORE or in case of her leaving the country with their child.

    He also doesn't have the child's SSN because she will not give him access to that information. In this case, what can he do?

  4. #4
    Join Date
    Apr 2009
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    35,894

    Default Re: Illegal Alien (Mother) Who Has Had a Child in the U.S. - What Rights Does Father

    He can go here : http://travel.state.gov/family/abduc...urces_554.html

    This is CPIAP - the State Department's child passport issuance alert program. It will put them on notice, and an alert will be triggered, if Mom applies for a US passport without Dad's consent.

    There are two major problems here though.

    The first is that at the moment, Mom has sole custody - this is all the State needs to issue a passport without Dad's consent.

    The second - and frankly more worrying - is that Mom doesn't NEED a passport to actually leave the country....she'd need one to come back in, but not to leave.

    Dad needs to file ASAP - literally, this afternoon if there is still time and if not first thing in the morning. He should request that the court issues, as part of his paternity petition, a restraining order preventing EITHER parent from leaving the State in question (of course this assumes they're in the same State) until custody is finalized.

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