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
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.
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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.
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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
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