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

Asked over 2 years ago - 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)

  1. Teri M. Nelson

    Contributor Level 14


    Lawyers agree


    Best Answer
    chosen by asker

    Answered . 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.

  2. Reza Athari


    Contributor Level 14


    Lawyers agree

    Answered . 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

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

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    Reza Athari & Lui, Pllc

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    Reza Athari & Lui, Pllc

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  3. Jeffrey N Lisnow

    Contributor Level 15


    Lawyers agree

    Answered . 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... more
  4. J Charles Ferrari

    Contributor Level 20


    Lawyers agree

    Answered . 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... more

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