My Baby's father is illegal, can he take her away from me?

Question

Hes illegal, but might get his papers I don't know the situation, anyways we're not married, but he is on the birth certificate. what are his rights?

Answer 1

He sure can.  All he has to do is pick her up some day and go back to his own country.

Ladies use your brains here......  They have more rights than we do, illegal criminal alien invaders.

Answer 2

if he is illegal he has no rights.

Answer 3

If there is no custody order and he is on the birth certificate,he has as many rights as you do.

If you do not have one,get a custody order quickly. Otherwise,he could take your/his child and leave the country. You would then have to fight to get your child returned.

Answer 4

yes he still has rights to her. You need to see a lawyer. They sometimes give free consultations. The last thing you want him to do is to take her to his country because you may never see her again. Report him to immigration and go into hiding. Until he is gone.  

Answer 5

Call immigration on him. Have him deported. Why would you get knocked up by an illegal alien? Your parents must be so proud.  

Answer 6

He still has the same rights as others do.  I suppose he can kidnap her and take her to his country. Which I hope not and has happened alot.

Answer 7

this comes up SO MUCH HERE, and I am getting to where I want to research the answer..just to satisfy my  curiosity.

http://www.enotes.com/everyday-law-encyc...

Ok.. so here is a start (and you know, of course.. you don't want to take this as gospel, but just start to educate yourself, and verify this with your own state).

This claims unmarried moms normally have custody automatically. Being on the birth certificate does not make him have custody or visitation rights.. he has to go to court, and have that ordered as such. The thing about taking custody AWAY from mom, who already has it.. someone has to prove you are unfit, and they are better.

Well, seems like he would not want to go into court, claim to be better parent.. when he is sitting there, without papers. That would be shooting himself in the foot, I think.

AGAIN.. I give you a web site, but all states are different, so your job is to visit someone who really knows what is what in your state. I think if I was bored (I am sometimes), I should take time to look up what different states say.

You don't say if he is a good guy or not. Consider all the angles.. if you break up, he is a jerk, and he decides to take off with baby. I am pretty sure it is abduction everywhere, if he does not have custody, AND he leaves the state.  If you were married, some states would be abduction anyway, and a few, it isn't.  MOST states, it would be illegal, so if you guys get married a month from now.. check it out.

As long as he is illegal, you risk him being deported.. or, if he runs, it would be outside the country.

Bottom line, I don't think he has any legal custody rights. But, check out your state with someone reliable like a lawyer. DO not rely on what cops tell you, because they don't always know for sure.  

Answer 8

Amy, he doesn't really have any right's to your child if he is an illegal alien.  If you are legal and he is not, you have all the cards in your hand.  I'd call the Immigrations and Customs Enforcement (ICE) authority if you want to fix the problem before it starts.  

Let me add to that since i read the posts.  He has rights, just not to your child here in the US.  Fix this before it becomes a real problem.  Call ICE.