My son married a Hispanic girl and she has only had her green card for 6 months. They had a child together.

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1. 

   Allan LollyPro

   San Diego Immigration Attorney

   Contributor Level 10

   

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   Answered May 12, 2012 14:34. Unless there is a court order granting custody to one or the other, in all likelihood both parents have joint physical and legal custody rights. These would be state rights that will be governed by the state in which the parents live.
   
   If the mother is still in the U.S., you should seek assistance from a qualified family law attorney to try and get some temporary order in place. This can help prevent her from taking the children out of the U.S., for example. The state court will decide all issues concerning the child's welfare. Good luck. Allan

   This information is general in nature and is not legal advice to be relied upon for any particular matter.

   • https://www.1-800-usa-immigration.com/greencard.html

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2. 

   Mary Madrid-CrostPro

   Chicago Immigration Attorney

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   Answered May 12, 2012 14:17. This is not an immigration question. Seek help from a family/domestic relations/custody lawyer.

   Mary Carmen R. Madrid Crost can be reached at the: Madrid Crost Law Group - (888) 466-4478; e-mail: mc@... moreMary Carmen R. Madrid Crost can be reached at the: Madrid Crost Law Group - (888) 466-4478; e-mail: mc@madridcrost.com; skype: usvisalaw Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response should not be construed to create an attorney-client relationship. Please help stop notario fraud and share this web site: www.stopnotariofraud.org. less

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3. Licensed in WI

   

   Rudolph Baboun

   Miami Immigration Attorney

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   Answered May 12, 2012 14:11. this is a family law question

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4. Licensed in WI

   

   Teri M. NelsonPro

   Wauwatosa Family Law Attorney

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   Answered May 13, 2012 04:55. Your son needs to file a petition for paternity right away to establish his legal rights, including custody and placement. He will have no legal rights until a court order establishes his paternity.

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5. 

   Michael Briggs

   Oregon Family Law Attorney

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   Answered May 13, 2012 11:41. As a married couple, your son and his wife have what Wisconsin calls "joint custody" of the child: each one of them has the same "legal rights" to make decisions concerning the child, but they must cooperate with each other in exercising those rights.
   
   Where the child lives is called "physical placement" in Wisconsin. If your son does not want to stay married to this woman he should file for divorce and then, while the divorce is pending, ask the court for a temporary order that will give him some physical placement. The court will assume that placement shouldn be 50/50, but might grant more or less to one or the other parent if there is evidence to warrant an uneven placement split. Call an attorney who practices family law.

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