The illegal status does not affect the father's right from seeking a court order for custody or visitation given that custody cases do not have to do with a parent's immigration status in the U.S. However, the court can restrict the father's ability to travel out of the state with the child to prevent issues of parental kidnapping as custody cases have to do with the best interests and protection of the child's welfare.
Generally in an unmarried situation the mother
is given sole legal rights unless dad has established paternity
, either through the courts or by signing the forms to get his name added to the birth certificate. If paternity has been established both parents are considered to have equal rights to the child unless a court order has been issued setting forth the restrictions.
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