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Do illegal immigrants have right to Child Custody?

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monica_f4

Junior Member
What is the name of your state? Connecticut
My son is 2yrs old now and his father is threatening to take me to court so that he can see our son. My son's father hasn't been around for the last 7 months nor has he given me any money? He is here illegally from Costa Rica for the past 3 years. Does he have any rights here in CT? Can he in fact sue me for custody?
 


dallas702

Senior Member
Apparently, illegals in this country seem to have all the rights of legal citizens. PLUS...they have dozens of support groups and the blind eyes of Congress and the past umpteen Administrations. So, he will most likely get whatever he wants for visitation. Do oyu have any order now for support or other assistance from "dad"?
 

LdiJ

Senior Member
dallas702 said:
Apparently, illegals in this country seem to have all the rights of legal citizens. PLUS...they have dozens of support groups and the blind eyes of Congress and the past umpteen Administrations. So, he will most likely get whatever he wants for visitation. Do oyu have any order now for support or other assistance from "dad"?
He won't necessarily get whatever he wants.

He CAN sue for custody, however its a risk for him to do that. It can get him deported, I have seen it happen. I am also familiar with many cases where a parent did get visitation, but it was limited to supervised visitation because the parent was a flight risk/deportation risk.

In my opinion, the OP should only allow visitation in her presence unless a judge orders otherwise. Even if dad has no desire to leave the US, its simply too easy for dad to disappear.
 

casa

Senior Member
monica_f4 said:
What is the name of your state? Connecticut
My son is 2yrs old now and his father is threatening to take me to court so that he can see our son. My son's father hasn't been around for the last 7 months nor has he given me any money? He is here illegally from Costa Rica for the past 3 years. Does he have any rights here in CT? Can he in fact sue me for custody?
The question you should be asking yourself is why was it OK to have a relationship and a child with this person- then when you are upset with him, bring his immigration status up? Apparently it didn't bother you when you were sleeping with him. :cool:

You didn't file for child support, that is why you aren't getting it. You may not be able to get it if he's an illegal immigrant, because his job is likely not on the books. Another situation you created for yourself. :cool:
 

monica_f4

Junior Member
He was here on a tourist visa when we had our son but then did not return to Costa Rica. I also believe that there is a warrant for his arrest in C.R, how can I find this out and see if it will help my case?
 

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