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Father of my 3yr daughter is illegal immagrant what are his rights? ( if any)
- Thread Starter LisaRojas
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disagreeable
Well-Known Member
Let him. When he does, request child support. You chose to make a child with the man. You must suffer the consequences.
jacksgal
New Member
His immigration status is not the issue here custody, support and, visitation is!
i have custody of my daughter have from the day she was born. he never fought for her wasn't around much for the first year, doesn't pay child support, visitation he cant come and pick her up has no job so my parents make it possible for him to see her.
also my concern is he is a flight risk.
also my concern is he is a flight risk.
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Proserpina
Moderator
You would have to prove that he's a flight risk.
As it stands, he has the right to file for custody and visitation of his child. His immigration status is of no consequence - it didn't matter to you when you conceived, hence the court will trust your judgment as far as his parental fitness is concerned.
I'm sorry - I know that's not what you're going to want to hear, but he will get at the very least visitation.
Also, without an order for child support, he is not legally obliged to pay a cent. And no, family court won't call in ICE or anyone else when there's a custody hearing. Forget about him being picked up in family court.
As it stands, he has the right to file for custody and visitation of his child. His immigration status is of no consequence - it didn't matter to you when you conceived, hence the court will trust your judgment as far as his parental fitness is concerned.
I'm sorry - I know that's not what you're going to want to hear, but he will get at the very least visitation.
Also, without an order for child support, he is not legally obliged to pay a cent. And no, family court won't call in ICE or anyone else when there's a custody hearing. Forget about him being picked up in family court.
army judge
Super Moderator
Well, if dad fled the country, he'd no longer be in the child's life.
Unless dad absconds the US ILLEGALLY, it is almost IMPOSSIBLE to leave the country with a baby.
Dad and the child will need their PASSPORTS.
This is, after all, a post-911 USA!
Dad's immigration status is of no moment, matter, consequence, or import; insofar as his paternal rights are concerned.
Has dad established his paternity legally?
If you and dad were married at the time of birth, dad is considered by law to be the father unless:
1) A court has issued an order establishing that a person, other than the mother's husband, is the father, or
2) Mom and the alleged dad, other than the mom's husband, have signed a Voluntary Acknowledgement of Paternity.
If you and dad were not married at the time of conception or birth, paternity must be established in one of two ways:
1) Both parents can sign a Voluntary Acknowledgment of Paternity which is filed with the Bureau of Health Planning & Statistics, Office of Vital Records.
2) A judge can declare a man the legal father of a child after a court hearing or by a default order.
Now, this is where it gets interesting in Nevada.
To voluntarily acknowledge paternity, both parents must sign a Voluntary Acknowledgment of Paternity.
The Voluntary Acknowledgement of Paternity must be notarized or witnessed and filed at the Bureau of Health Planning & Statistics Office of Vital Records.
Most hospitals can assist you in facilitating this process.
The parents can also obtain the Voluntary Acknowledgement form from the Bureau of Health Planning & Statistics Office of Vital Records.
The father can sign an Acknowledgement of Paternity even if he is married to someone else.
So, my advice would be to do the following, immediately (if dad has NOT legally established paternity):
Tell your parents to NOT allow him to see the child.
If dad has not established paternity, he has no paternal rights!
You, mom, have all the legal parental rights to your child by virtue of giving birth!
If, dad has legally established paternity, I suggest you do the following:
Let dad see the child in YOUR home only and under your supervision or the watchful eye of your parents!
Do not allow dad to take the child from your home, until and unless, he goes to court and gets a visitation order!
you are right not what i really wanted to hear but at the same time i have never refused him visitation i have let him see her on days that are not court order. because i do believe a child should have both parents in their lives.
there is a court order for him to pay child support he just doesn't pay.
thank you! appreciate the information.
Just will see what the judge says. :0)
there is a court order for him to pay child support he just doesn't pay.
thank you! appreciate the information.
Just will see what the judge says. :0)
jacksgal
New Member
Support and vistation have nothing to do with each other
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