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John Domestic
John Domestic, Lawyer
Category: Family Law
Satisfied Customers: 4631
Experience:  Over 13 years of Experience in Family Law.
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My daughter is due to have her baby on 18 Dec. her and the

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My daughter is due to have her baby on 18 Dec. her and the baby's father are not together, he is not a legal citizen of the US, what are my daughters rights as to the baby
Submitted: 6 years ago.
Category: Family Law
Expert:  John Domestic replied 6 years ago.

Thank your for asking Just Answer,

 

If the father requests he will likely be granted joint custody rights so long as he can stay in New Mexico. The fact that he is not a legal citizen does not matter for his custody rights so long as the court does not perceive a threat that he leave the country with the baby without court approval.

 

It is really up to the father to pursue his legal rights. Is he on the birth certificate?

Customer: replied 6 years ago.
No he is not going to be put on the birth certificate. How will he be granted joint custody when he does not even have a social security card for her to be able to pursue child support? I and her both were thinking that it would be best to just allow him to pursue his paternity rights to the baby.
Expert:  John Domestic replied 6 years ago.

If he is not on the birth certificate he will have to pursue paternity rights before he could get some type of custody. As for child support, she would still be entitled to support even if he does not have a social security card. I agree that it may be hard to collect if he is working under the table but she can do what she can none the less.

 

With that said child support and custody do not go hand in hand. He can get custody even if he is not paying support. The courts view them as two separate issues.

Customer: replied 6 years ago.
Can he get custody even if he is not a legal citizen of the US, and if this is the case, what rights should he have without having gone thru the process to become a citizen of our country.
Expert:  John Domestic replied 6 years ago.

He can get custody even if he is not a legal citizen. I cannot comment on the politics of it. However, the courts have firmly sided that the rights as parents have superseded citizenship issues. He will never be granted authority to take her out of the country against your daughters objection.

 

Sorry to give you such news. I think your strategy to make him actively seek parental rights is the best strategy here.

 

I would ask that you click accept so that I receive credit for helping you. I am happy to still answer follow up questions.



Edited by John Wills on 12/1/2010 at 1:01 AM EST
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