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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

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


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 information only. You should consult an attorney for advice regarding your specific situation. We invite you to contact us and welcome your calls, letters and emails. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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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 not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.

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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

The Answer provided was based on the limited information provided, and represents information based on the law in general, not a legal opinion that can be relied upon. Before a formal legal opinion can be offered I would need an opportunity to review all possible relevant facts and circumstances. You cannot rely on the advice of an attorney given over the internet. The exact facts of your sitaution, including facts which you have not mentioned in your question, may completely change the opinion that is being offered. Please be aware that the above comments are neither protected by attorney-client privilege, nor may the same be the basis for a malpractice lawsuit.

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