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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 |
Attorney answers 3

Posted

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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Posted

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.

Posted

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
732-189-9100

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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