If an illegal alien mother has a child with US Citizen, what happens to the child?

Question

If an illegal alien has been living in the United States for 15 years and she has a child with a male US Citizen, and the child was born in the US, what happens to the child? If the mother and father are both fighting over custody, who would more likely get custody? Would the child have to move if the mother was deported or can the child stay with the father?

Answer 1

Immigration status does not typically play a role in a custody battle. The judge will determine what is in the child's best interest. If it can be proven that one parent is unfit compared to the other, then the other parent will be given sole custody (the other parent would receive visitation rights). However, if it is deemed both parents are suitable choices then they will share split custody.

If the mother was deported, the child will go where the judge had ordered custody. If the mother had primary custody then the child would be with her and vice versa for the father. However, a hardship case may be argued in a court of law as most judges still favor the mother - resulting in an overturned decision of deportation and granting residency rights (most likely only until the child reached the age of majority - 18).

Regardless, child support theoretically extends all over the world and the parent without custody would still be required to pay it no matter where they lived.  

Answer 2

custody of the child is determined by the best interest of the child ...  

the child can stay with the father since he/she is born here.

Answer 3

It's not that cut and dried in this case. Custody of children is always decided by what's in the best interest of the child.  

Answer 4

In custody cases it doesn't matter that one of the parents is illegal, not bacause the father is a US citizen means that he has more chances to get custody. If the child is better with the mother, and that's where a child should be, then the mother gets custody and the father has to pay child support.

Answer 5

We as a country go in debt to pay for taking care of the child wherever it lives.

Answer 6

The father would be given custody of the child.