confused to kdf
kdf,
I'm sorry if I come across as confused, but I read the first response which seemed to answer very well the initial question without any malice or bigotry. Without trying to come across as rude, i'd like to (hopefully) give some thoughts that are not meant to do anything but put some thoughts out into your world.
The answer seemed to be that the illegal parent only has rights in this country as long as they are actually in this country. This seems simple whether the parent is american or not. Even americans residing in other countries have limited ability to be around their own kids. If an illegal parent is deported, which surly would catch the eye of the USCIS when they went to court to get custody/visitation/child support orders...they would loose any rights. Would you, assuming you got custody, send your child to another country to visit the other parent? And what standing would you have to get your kid back from that other country if the other parent decided not to return them? We as a country can't even deport killers to face justice in this country..what makes you think the state department would be able to get your kid if that happened?
Although the response to call the INS or actually the USCIS might have seemed bigoted, If you take the time to read other people's threads you will see a huge amount of fighting and pain among parents in situations where they can't see their kids. If you are the american and don't want the other parent deported, then work out between yourselves some sort of arrangement. And then pray every night your child is not in your home that the other natural parent hasn't taken them out of the country and out of your life. If you are the foreign parent, then try to work with the other parent the same way, and then pray every night that you are home alone that the other parent doesn't get sick of this and wants to move on and calls the USCIS on you.
I don't think anyone is trying to imply that in your case, either would happen, but it seems the best plan of action is to prepare for the worst and pray for the best.
Good luck
HCR