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I am a foreigner (Indonesian) mother and has a child with Us…

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I am a foreigner...

I am a foreigner (Indonesian) mother and has a child with Us citizen father. We are not married ( out of wedlock). I understand that if I give birth in my country, I would not be able to claim child support. Hence, I will give birth in New York and then claim for child support. I would like to know whether I would be able to claim child support if I am out of status in the US despite the child is definitely going to be U citizen? Also, if the father wanted to have 50-50 custody, how will this process of 50-50 custody going to be if I am not US citizen?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in NY family court?

Not yet, the due is in november.

Lawyer's Assistant: Have you talked to a lawyer about this yet?

A little bit here and there. I would like to get more inputs

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that is my only issues- child support and custody between foreigner and us citizen

Submitted: 2 months ago.Category: Family Law
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Customer reply replied 2 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
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Answered in 4 hours by:
5/30/2018
Family Lawyer: Nisha Jones,
 replied 2 months ago
Nisha Jones
Category: Family Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
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Good morning, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Family Lawyer: Nisha Jones,
 replied 2 months ago

I see that you requested a phone call, I'd be happy to speak with you over the phone to discuss this matter further.

I'll send you the link for the call so we can continue. Thanks!

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Customer reply replied 2 months ago
Hi nisha,I would like to get free consultation first without paying if that is possible.
Family Lawyer: Nisha Jones,
 replied 2 months ago

The site is a paid for service, where attorney experts offer general legal information to provide you with help for your legal questions.

If you'd like to continue I'd be happy to help, just let me know. Thanks!

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Family Lawyer: Nisha Jones,
 replied 2 months ago

Hi, just checking in to see if you'd still like help getting your questions answered. Let me know if you'd still like my assistance, thanks!

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Customer reply replied 2 months ago
Hi nisha! I would like to know first are u based in NYC? The situation is a bit complex as I am a foreigner ( without status) and planning to give birth in the US. The father of the baby is in california. I was choosing in nyc because i will have more mental support over there. As I will stay for 6 months and then could claim for child support. Will this has an effect on my status as a not us citizen? And also the father of the baby said he doesn’t want to give financial support and so will claim custody just because he doesn’t want to give money. Will the child custody overlap the child support? Can I lost my custody due to my out of status? I think this will involve international child custody. If u are an expert in this field, pls let me know
Family Lawyer: Nisha Jones,
 replied 2 months ago

Good morning, per JustAnswer site rules and policy I am not permitted to release personal information about myself, and I am also not permitted to retain clients through the site. So neither myself nor any of the other attorneys on the site would be able to retain you as a client, rather JustAnswer provides general legal information only.

To answer your question -- no your immigration status will not impact your legal standing in family court.

That means yes, you would be able to petition the court for custody and for child support despite your immigration status in the US.

Custody and child support are two separate matters and are filed under two separate petitions, but they are usually filed and handled together.

You can obtain full custody especially if the other parent does not want custody, and you can also petition for child support to help you financially with the care of your child.

I hope that helps!

Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me - I'll be happy to respond. Thank you!

Please remember that any information shared over this site is for general informational purposes only and does not constitute legal advice. You should meet with and consult a local attorney for representation in this matter.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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