QUESTION
My ex girlfriend is hiding my daughter how could I gain at least partial custody?
Asked on Jan 01st, 2012 on Immigration - California
More details to this question:
I am an illegal alien in the United States and my ex took my daughter after we split up. I have always paid her Child Support for my little one, but she doesn't allow me any time with my daughter. I don't know anything about her well-being and would like to gain partial or whole custody, but at the very least be able to see her. My daughter is two years old. I am 26, hard-working, and have a stable home with my parents.
6 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Consult a family law attorney to help you obtain visitation rights and talk about joint or sole custody. Your illegal status should not be a bar to this. Your ex should want you to remain in the U.S. to be able to continue to provide support.
Answered on Jan 09th, 2012 at 10:46 AM
Leon Wildes
You should seek advice from the Family Court in your county. They will advise you how to apply for custody, visitation, etc.
Answered on Jan 06th, 2012 at 10:54 AM
Criminal Law Attorney serving Newport Beach, CA
at
Right Choice Law
Update Your Profile
Your custody rights are generally determined by the Family Law courts and it should not matter whether your legal or not. However, having said that, there is concern that your ex-girlfriend may notify the immigration authorities if you file petition in family law court for custody whereby you may be placed in removal proceedings. I recommend that you first consult with an family law attorney to determine your custody rights; then also speak to an immigration attorney regarding what options, if any, you may have under US immigration laws through your daughter, or otherwise.
Answered on Jan 06th, 2012 at 9:05 AM
2 Awards
I would suggest going to Family Court and speaking with someone there or hiring a Family Law Attorney. You are entitled to see your daughter and the fact that you are here illegally will not prevent you from exercising your legal rights. Good luck.
Answered on Jan 05th, 2012 at 10:28 AM
Immigration and Naturalization Attorney serving San Francisco, CA
at
The Law Office of Christine Troy
Update Your Profile
You need to speak with a competent family law attorney in your state. Your status in the US is not an issue in that your rights as a father are not negatively impacted because of your status.
Answered on Jan 05th, 2012 at 1:15 AM
It's not really an immigration question but a family law question and you should consult with a family attorney in your area to find out what your rights may be. But also you will need to find out whether your status will/might be compromised if it comes to the attention of the court that you are in the US unlawfully.
Answered on Jan 05th, 2012 at 1:06 AM