I live in nj and had a baby with an illegal immigrant not married and we are no longer together, his rights to my baby

Asked almost 2 years ago - Little Silver, NJ

he is trying to get his green card and I am affraid he will try to take the baby back to berzil. What rights does he have

Attorney answers (3)

  1. Bari Zell Weinberger

    Pro

    Contributor Level 14

    6

    Lawyers agree

    Answered . His citizenship does not change his rights, however, you should file for custody in your county to establish this right and request child support. The court can also control his access and ability to take the child out of the country.

    The information provided is not, nor is it intended to be, legal advice. This information is designed for general... more
  2. Gintare Grigaite

    Contributor Level 18

    5

    Lawyers agree

    Answered . Same as a legal immigrant. A father is a father, and he has the same parental rights as you do. However, it is not that easy to take a US citizen child to another state, let alone another country, so you should not worry about that. In either case, you should be consulting with an experienced family law attorney if the need be.

    Contact attorney Gintare Grigaite, Esq. at 646-407-2331, located in New York and New Jersey. Answers on AVVO do... more
  3. Kenneth A White

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . His immigration status does not change the fact that he is the child's father and that he has certain legal responsibilities along with rights regarding the child. He will be treated no differently than a natural citizen would be.

    Kenneth A. White, Esq.
    New Jersey Family Law Attorney
    732-189-9100

    The Answer provided was based on the limited information provided, and represents information based on the law in... more

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