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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2432
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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I had a child with an illegal immigrant. We are not married

Customer Question

I had a child with an illegal immigrant. We are not married and he is not on the birth certificate. At the time I did not know he was illegal. There is a history of domestic violence that has never been reported, what can i do and does he have visitation rights as the father? If I call ICE can I have him deported and if I let him see his daughter do I have the right to have it supervised? There is no court order everything including child support is all a verbal agreement howe very child support also has a written agreement that has been notarized. As the mother what can I do as the guardian of my child and to protect her from him taking her home?
Please help me.
Submitted: 11 months ago.
Category: Family Law
Expert:  S. Kincaid replied 11 months ago.

In Oklahoma, until paternity is established, the mother has fully custody and the father has no rights. If either of you petitions for paternity, custody, visitation and child support orders can be entered. Until then, however, you can completely deny visitation or you can set whatever terms you want to for visitation. You may also qualify for a restraining order based on the domestic violence.

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