Skip to main content

Can an illegal alien (father) get custody of his 2 kids if he pays no child support?

Milwaukee, WI |

He lives in the U.S. illegally. He hasn't paid child support for either child. He has been in jail for abuse and other things. I have had to call the cops a few times to get the children back because I have placement. The children are 7 and 5.

Attorney Answers 4

Posted

A person's immigration status has nothing to do with custody and placement except if there is a fear that they will take the children back to their country of origin. However, it sounds as if you have multiple issues which may need to be addressed by family court. I am unsure from your question if this is a divorce or paternity matter and, if paternity, if he has already been adjudicated the father. I suggest consulting with an family law attorney to determine if your concerns are a legitimate basis for modifying your custody and placement order.

Mark as helpful

1 found this helpful

6 lawyers agree

5 comments

Asker

Posted

We were never married and he works with a fake ss#. Would that at least go against him?

Teri M. Nelson

Teri M. Nelson

Posted

Not really. Has custody and placement already been established?

Asker

Posted

Placement for my 7 year old has but not the 5 year old.

Teri M. Nelson

Teri M. Nelson

Posted

You really should consult with an attorney then to discuss all of the details and possibilities of your situation. Rebecca Millenbach in our office can help you. Please call 414-258-1644 to schedule an appointment. Thank you.

Asker

Posted

Thank you I really appreciate it.

Posted

This is not an immigration question. Ask a family lawyer

Reza Athari
Attorney at Law
Certified Specialist - Immigration and Nationality Law
State Bar of California - Board of Legal Specialization
http://members.calbar.ca.gov/search/member_detail.aspx?x=186915

Main office: Las Vegas, Nevada
Reza Athari & Associates, Pllc

3365 Pepper Lane, Suite 102
Las Vegas, NV 89120
Telephone: (702) 727-7777
Fax: (702) 458-8508
Toll free: (800) 565-2030
http://www.atharilaw.com/index-6.html

Barstow, California
Reza Athari & Associates, Pllc

309 East Mountain View Street, Suite 104
Barstow, CA 92311
Telephone: (760) 957-7220
Fax: (760) 957-7396

St. George, Utah
Reza Athari & Lui, Pllc

1036 East Red Hills Parkway, Suite D
St. George, UT 84770
Telephone: (435) 656-1136
Fax: (435) 656-1145
http://www.stgimmigrationattorneys.com/

Salt Lake City, Utah
Reza Athari & Lui, Pllc

525 W 5300 S Suite 150
Murray, UT 84123
Telephone: (801) 262-LAW7
Fax: (801) 281-9603
http://www.slcimmigrationattorneys.com/
If you have a SKYPE account, we may now video-conference or conduct a conference call on the computer from and to anywhere in the world for free. More information may be found at www.skype.com

Mark as helpful

3 lawyers agree

Posted

That may be a factor but you need to discuss this case with an attorney that practices Family Law in your area.

LEGAL DISCLAIMER: The answer(s) given are only to be deemed general in nature as all of the facts of your case were not provided and thoroughly reviewed. Any answers are NOT to be deemed as attorney advice as a full legal opinion can NOT be provided at this time without a complete analysis of all of the facts regarding your particular matter. Any and all statements provided do NOT in any way create any type of attorney/client relationship.

Mark as helpful

3 lawyers agree

Posted

Parental rights are parental rights regardless of immigration status.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Mark as helpful

2 lawyers agree

Child custody topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics