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Please note that resident status has NOTHING to do with who gets custody of the child. The courts decide custody on several grounds the main one being Who is there for the kids the most: ie. cooks their food, helps with preparing themselves, helps with homework, etc. The other only solution which might seem cruel but I do not know the situation your in: Denounce your ex to the INS Department (ICE) for being an illegal resident and remember that she might lash out at you and acuse you of false things (if she hasn't already). Be prepared otherwise you might end up in jail. Also, if she has committed a crime she can get deported (after spending time in jail). If you need any further help you can contact me at candlefactoryco@candlefactoryco.com

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Q: If you are a US citizen and your ex is an illegal alien with an expired visa can you get custody of your child?
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