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This is an extremely complexed issue, in that federal authorities have jurisdiction over Immigration issues and state's establish domestic relation laws such as the custodial and/or visitation rights of biological parents. The "unlawfully present" father could file suit for visitation rights in the state court in which the child resides. However, the court is obliged to report all undocumented foreign nationals to the Department of Homeland Security. That being the case, it is not impossible for the father to be granted visitation, but he will most likely be targeted for detainment and deportation, as his whereabouts would have to be made known to the court when the suit for visitation rights was filed.

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Q: If the father of your child is an illegal immigrant and abandoned you when you were pregnant can he obtain vistation rights to his child in Virginia?
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