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

Question

Hes illegal, but may possibly get his papers soon. We're not married but he is on the birth certificate, what are his rights to her?

Answer 1

More than likely he couldn't.

If, for example, there was a family where both parents were illegal and the children were US citizens then I have heard that the children can be taken away, put in foster care or put up for adoption. I don't think the government would let an illegal immigrant take a US citizen to a country where they would be illegally, you know?

I wouldn't worry about him taking the baby. As an illegal alien then he more than likely will not have any rights towards the custody of the child. If you were in his native country it would be different too, I am sure.

Answer 2

Once he is legal, and maybe before in international court then he can sue for custody.  If you are worried about this start documenting now any time and money he spends with children.    Get testimonials from friends family and anyone who interacts with you or your baby about your fitness as a parent.

If he kidnaps her than it tends to be very difficult to get help from other countries.  Be sure to have all the info you need to identify her.  Get your passport (and maybe hers?)  so that you have it ready if you need it.  

If he is on the birth certificate then he has parental rights regardless of his legal status.  You can call Legal Aid in your town/state for more, free info.

Answer 3

I DON'T THINK HE CAN ESPECIALLY SINCE HE'S ILLEGAL, THEY MIGHT EVEN TAKE HIM AWAY IF HE TRIES. I WOULD CONTACT A LEGAL AIDE PERSON AND ASK THEM ABOUT HIS RIGHTS.

Answer 4

even if he was legal, he cant take her away from you if you are not an unfit mother. Unless he kidnaps her.......

Answer 5

He can take her and run to his own country if he wants and chances are keep her there.  I know my bestfriend is married to an illegal mexican and they were going through some problems when he cheated on her and the lawyer told her that since he isn't an US citizen yet the rules were a little different and that if he wanted he could grab their son and cross the border and the US wouldn't be able to really help her get her son back either.  

Answer 6

I believe since he is on the birth certificate he has just as much rights as you.  He may not be able to stay in whatever country you are in with her, but he could try to take her back to wherever he is from.  If you are worried that he might skip with her, I would suggest contacting the proper authorities ie. if his country requires passport entry, I would contact the passport office and see what you can do about having your daughter flagged to prevent him from trying to get one for her without your knowledge.

Answer 7

your baby then has dual citizenship in Mexico and America. So if there is no legal custody agreement then he can take her to Mexico and be there legally. But if there is a custody agreement and he runs with her, sometimes Mexico with cooperate with extradition. But that is their choice. They might not because she is a legal citizen there. If you are worried then you need to contact a lawyer to protect your daughter and find out your rights as an American. You being a legal American gives you more rights than he does because he is illegal.  

Answer 8

you mean he's an illegal immigrant?

Answer 9

no he can not as long as the baby was born in america or canada or someplace like that