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    nero05's Avatar
    nero05 Posts: 1, Reputation: 1
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    #1

    Sep 1, 2007, 11:04 AM
    Child custody
    I live in California and I have been separated for two years. My visitation has been two nights a week every week. Now I'm going to my divorce custody hearing and I want ask for full custody. Her mom is illegal along with her whole family. Does this have an impact on my case. Should I ask for full custody and what will my chances be?
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #2

    Sep 1, 2007, 11:19 AM
    Quote Originally Posted by nero05
    I live in California and I have been separated for two years. My visitation has been two nights a week every week. Now I'm going to my divorce custody hearing and I want ask for full custody. Her mom is illegal along with her whole family. Does this have an impact on my case. Should I ask for full custody and what will my chances be?
    Hi,
    Here,in AMHD I learned that there are illegal ages and illegal moms:D
    What about your visitation-is it Court ordered or not?
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #3

    Sep 1, 2007, 12:14 PM
    Quote Originally Posted by nero05
    I live in California and I have been separated for two years. My visitation has been two nights a week every week. Now I'm going to my divorce custody hearing and I want ask for full custody. Her mom is illegal along with her whole family. Does this have an impact on my case. Should I ask for full custody and what will my chances be?
    How old is the child? I do not think that if the mother does not have a green card or visa it would be a very important factor.You can ask for full custody but I am not sure that the court will awarded you with full custody if the child is up to 10-12 y/o
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Sep 1, 2007, 05:33 PM
    No, her immigration status normally will have no bearing on the case.

    Remember if you make her being illegal an issue, it is very possible her and the child go back to their nation and you get no visits or anything.

    You will have to prove you provide a better home, or that the other parent is unfit.
    ccanupii's Avatar
    ccanupii Posts: 10, Reputation: 2
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    #5

    Sep 1, 2007, 05:57 PM
    First and foremost you should consult an attorney when possible. You have a double edged sword in the illegal argument. On one hand you could use the fact that she is illegal but then that makes you an accessory to harboring a federal fugitive since you knew she was illegal and did not report her. Your best bet is to show that you are able to provide a stable place to live over the mother. If the child was born in America then the mother has certain rights and can not be deported. The constitution allows for "anchor babies". A child born on american soil is american. Since the child can not be deported and needs a parent, then the government will not separate a parent from the child. It sort of puts her on the fast track to a visa.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Sep 1, 2007, 06:26 PM
    Its my understanding that a non-citizen who marries a citizen gains citizenship. So how is she illegal if she was married to you?

    But even if I'm wrong, the others are right that her immagration status has NO bearing on her fitness as a mother. The judge will not even listen to it.

    That being said, I would doubt if you have much of a chance for full custody unless there are some other factors you haven't told us. The child has, apparently, been functioning fine with 5 days a week with the mother.

    You didn't say why you want full custody (I have the feeling its to avoid child support). So there is probably more to this story then you have told us. And where is your attorney in this. Don't you have one representng you in the divorce? If not, why not?
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