First thing Monday morning, make arrangements to see a lawyer.
The "not a citizen" likely doesn't matter. And the previously forgiven adultery also likely doesn't matter. But the present situation certainly does matter. And while either parent - you or her - could carry the child almost anywhere right now (absent a court order), you want to see a lawyer before you take steps that can be second guessed later by a court. That way you can develop a strategy that not only works today but hopefully will work long term. To make a determination as to custody, one of you will have to file a court case.
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The citizenship issue is most likely a non-issue. However, you should talk to a lawyer quickly. There are too many issues and potential issues to address in this format. Before promising any child support, though, make sure the child is yours with a DNA test. You can obtain a test kit for under $30 at the pharmacy. Call me Monday for a free initial consultation.
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1. GO SEE A LAWYER IN PERSON ASAP!
2. The immigration status has no relevance to you.
3. The adultery may also have little or no relevance accept for establishing grounds for a divorce.
4. Both parents have the right to have your daughter in their possession right now.
5. Go see an attorney who handles divorce immediately.
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The court is mostly concerned with the best interest of the child. If the child was born here she is a U.S. Citizen. The issues you face in court would be custody and financial/property division. I has been my experience that the child is merely a pawn but one that must remain in the jurisdiction of the court and is not to be moved out of the country.
Hire your attorney immediately. We can help. The Broome Law, Firm; (678) 992-2631.Ask a similar question
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