Other Immigration Law Does father of child, who is illegal have rights to child

[Gremchr]

Jurisdiction

Iowa

My sons girlfriend was married to a man who is from Guatemala and has been in the United States since he was 10 years old. When he was married to her he was charged and convicted with the domestic assault. They divorced and he has told her that he is no longer legal to work and be in this country. We do not know if this is necessarily true. They have a divorce decree and it states they have 50-50 custody. He does not take his child that often and he has not paid child support since he began working for cash after he said he became illegal. First question: is there way to find out if he truly is illegal? Or is he just working for cash to avoid child support. Second question does he have rights to that child if he is illegal. For example if her and my son want to move to a different state could he stop that from happening if he is illegal.

 

[KatDini]

Mr. Guatemalan has parental rights that cannot be ignored, no matter if he is here or not illegally. I would suggest your son's girlfriend find herself an attorney. Further, I would suggest you not inject yourself into son's girlfriend's personal business, because, quite frankly, this is none of your business. How would you feel if someone were discussing your personal business all over the interwebs?

 

[army judge]

My sons girlfriend was married to a man who is from Guatemala and has been in the United States since he was 10 years old. When he was married to her he was charged and convicted with the domestic assault. They divorced and he has told her that he is no longer legal to work and be in this country. We do not know if this is necessarily true. They have a divorce decree and it states they have 50-50 custody. He does not take his child that often and he has not paid child support since he began working for cash after he said he became illegal. First question: is there way to find out if he truly is illegal? Or is he just working for cash to avoid child support. Second question does he have rights to that child if he is illegal. For example if her and my son want to move to a different state could he stop that from happening if he is illegal.

I understand a good parent wants to help his or her child(ren).
You can bets help your son by encouraging him to get as far away, as fast as possible from the mother of the child by the man who may or may not be in this country illegally.

There are 330 + million people in this country.
At least 300 + million of those people are here legally.
If your son wants to lead a normal, quiet, SAFE life, avoid people who lead lives filled with drama and issues.

 

[gremchr]

Mr. Guatemalan has parental rights that cannot be ignored, no matter if he is here or not illegally. I would suggest your son's girlfriend find herself an attorney. Further, I would suggest you not inject yourself into son's girlfriend's personal business, because, quite frankly, this is none of your business. How would you feel if someone were discussing your personal business all over the interwebs?

Seriously... your comment is ridiculous. He beats women and doesn't pay child support. I did not post names so how do you see this as me airing his life on the web. He is talking about having someone he knows claim his son for taxes because he can't. Can you say tax fraud? I personally don't even think he is illegal. I think he doesn't want to be garnished. He rarely cares for his child and has another child with another woman and now has another on the way with a different woman so keep your opinions to yourself. I asked a legal question I was not searching for your judgements. If this guy was a good man and father I wouldn't care about any of this legal/illegal stuff. Also my sons girlfriend lost a child because he beat her while she was pregnant.