Expert Advice When You Need It Most

Why can an illegal immigrant father get custody of a child born out of wedlock?

Asked over 2 years ago - Detroit, MI

My daughter signed over temp custody of my grandson over 2 months ago and we live in different states. Now the father wants him and DHS states that he has the right even though the mother has physical custody and plans on moving to this state. The child is handicapped and needs special care which the father can't provide. He is lying about where he lives and who will be taking care of him. I thought the system is for the "best intrest of the child", he's with his grandparents...the father hasn't been in his life til recently..I need advise

Flag

Save

Share with:

Attorney answers (1)

Kevin Lawrence Dixler

Reputation Level 19

Answered over 2 years ago. Immigration Attorney in Chicago, IL.

Flag

The DHS may be looking at a State court document. Yet, it is unclear if the document that she signed has that much legal weight. It is temporary. If she waits too long, then it will affect a State Court custody decision.

If a custody determination is made in a State Domestic Court due to your daughter's consent, then your daughter needs to go back to that court. This means that your daughter can sue for custody of her child as long as she can find and hire a domestic relations/divorce attorney. The court must decide what is in the child's best interest. The child should be able to visit the father where the father is not abusive.

It does not matter if the father is legal, but a domestic relations court judge may take his illegal status into consideration, if proven. You and your daughter should find a experienced family attorney, who handles child custody matters.

The above is general information not legal advice.

Mark as good answer

1 person marked this answer as good

Add comment