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Maybe, but it would be difficult unless extentuating circumstances exist. Custodial issues are mandated under state laws whereas Immigration issues are the jurisdiction of federal authorities. Although being in the US as an illegal immigrant it is not the best situation to be in such a matter, the judge determines whether joint custody, primary custody or sole custody is granted based on the best interest of the child.

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Q: Could an Illegal immigrant parent have child custody over American parent?
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Related questions

Can an illegal immigrant be granted immediate custody of a child when the father is an illegal drug user?

Most likely the illegal immigrant will be deported to the country he/she came from and the parent will be thrown in jail. The child may have to stay with a family member or foster care until found a good living environment


Does a Parent that doesn't have illegal custody have the right to take my sixteen?

no


You have custody of your son your ex is trying to take away your custody because you live with your fiance is it illegal in the State of Arkansas to live with someone and retain custody?

not if you are the biological parent


If you marry an illegal person and you have a baby how does he become legal?

If the baby was born in the United States of America or even at a U.S. Embassy anywhere in the world, the baby is automatically deemed an American citizen despite the parent being an illegal immigrant.


Can an illegal alien have custody of children?

An illegal alien slated for deportation can sue for full custody if he or she wants. However, it is extremely unlikely to be granted. The courts will normally side with the parent who is remaining in the US.


Can an illegal immigrant to the US get a Green Card because of a baby with Down syndrome?

If the Down Syndrome child was born in the U.S. the parent MAY be qualified to remain in the country to care for it as long as the child remains in their custody. However, if the baby was not an "anchor baby" - no.


What is domiciliary custody?

Domiciliary custody refers to the parent who has physical custody. It's the parent with whom the child lives.Domiciliary custody refers to the parent who has physical custody. It's the parent with whom the child lives.Domiciliary custody refers to the parent who has physical custody. It's the parent with whom the child lives.Domiciliary custody refers to the parent who has physical custody. It's the parent with whom the child lives.


Should a father ask for child support first?

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What happens to a married illegal immigrant who has baby with a man other than her husband in the US?

She becomes the proud parent of an illegitimate baby.


Can a parent have custody of a child with out work?

Yes, a parent who is unemployed can have custody.


How does an illegal immigrant with two kids born in the US become a US citizen?

No, the children do as current law stands, but the parent is not considered legal.


Is it illegal to not allow the children to see the other parent if they do not pay child support?

If there is a court order for visitation or custody it is illegal to not follow the court order. Child support, custody and visitation are 3 separate issues in court. Paying child support or not is not a reason to take away the child's right to see his/hers parent.