Who has legal rights to a minor child that is a US citizen when the mother has only had a green card for 6 months?

Asked about 1 year ago - Wausau, WI

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My son married a Hispanic girl and she has only had her green card for 6 months. They had a child together and the child is a US citizen. She has been unfaithful to my son and took the baby & moved out. She isn't letting him see the child. Who has legal rights to the child?

Additional information

Does he have the right to pick up the child and bring her to his parents because he fears the mother will flee the country with the child? Also the only reason the mother has the green card is because she married my son.

Attorney answers (2)

  1. Licensed in WI

    Pro

    Brookfield Contracts / Agreements Lawyer
    Contributor Level 13

    Answered May 12, 2012 15:35. This is a question for an immigration attorney. I recommend Mary Carmen R. Madrid-Crost.

    Thank you.

  2. Licensed in WI

    Pro

    Wauwatosa Divorce / Separation Lawyer
    Contributor Level 13

    Answered May 14, 2012 03:50. Yes, he has the right to pick up the child. Neither parents have superior rights over the other in Wisconsin. However, if she won't allow him to take the child, the police may not intervene in a dispute between parents without a court order. He needs to file a divorce action right away to establish court orders over custody and placement.

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