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Law Educator, Esq.
Law Educator, Esq., Immigration Law Answer Team
Category: Immigration Law
Satisfied Customers: 118722
Experience:  Immigration Law Expert
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Undocumented women visitor's visa expires since jun 21,2015

Customer Question

Undocumented women visitor's visa expires since jun 21,2015 can take custody and claim for child support enforcement?
Submitted: 12 months ago.
Category: Immigration Law
Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Can you please clarify this a bit more and give us some more facts and details?
Customer: replied 12 months ago.
I pay child support enforcement, never seen a child only my picture and child online, that woman was visitor ' s visa from Africa.I'm us citizen, how she can get custody? She's undocumented no Green card become public charge.
Expert:  Law Educator, Esq. replied 12 months ago.

Thank you for your reply.

The visitation with a child is not related to paying support. Just because a parent pays support does not guarantee visitation. So, if she is denying visitation, you have to go to court. If there has been no court order of custody and visitation yet, you need to file a petition for custody and visitation and ask the court to impose a custody and visitation order. You can seek custody based on her illegal status and argue that if she would be deported this would not be in the child's best interests. You can also seek a visitation plan to be imposed by the court. However, either way you need to go to court and file to seek the rights to either have custody of the child or visitation rights.