New York (Washington Insider Magazine) – If you are an illegal immigrant, you might face a lot of trouble. If you are living in any country without legal papers, then it can be scary and you might fear many uncertainties. It can make you nervous and you are doubtful about staying safe in the country. You also have a risk of getting deported if you get caught. If the police or other legal authorities catch you then you might end up getting deported in no time.
All these things are scary enough for you but what if you want to get custody of your child as an illegal immigrant? If your child is a US citizen and you want to get custody, then you might face a lot of issues. You have the right to take your estranged partner to court in an attempt to gain custody of your children. However, it is also important to know that you must safeguard yourself during the procedure.
Illegal Immigrants Can Claim Their Parental Rights In Court
The United States will not dismiss your parental rights or ability just because you are undocumented. Even if you are undocumented American law assumes that you want to take charge of your child even if you are deported. In an unfortunate event if you might get deported then your children can come with you regardless of their citizenship status.
Can Your Take Your Partner To Court To Claim Custody Rights
Parents can experience a lot of trouble while fighting for parental rights. The custody rights can be more difficult to get if both parties are interested to keep the child. If you don’t have legal documents and you also fear deportation, then you might have concerns regarding claiming custody of your child.
If your estranged partner is threatening you with their citizenship status in the United States, then you don’t have to fear anymore. The court will not award them custody just because they are USA citizenship. You don’t have to feel scared because this doesn’t give your estranged partner and advantage in this case. The court will analyze several other factors before giving the decision.
When deciding custody, the courts will decide in the favor of the child. The judge will decide on the best interest of the child. There are several factors that the court will consider but your immigration status will not affect the decision in the court.
Your illegal status will not influence the court’s decision in your partners’ favor. However, that doesn’t mean that you will not face any trouble. You will get caught and will be considered guilty of staying illegally in the country.
The court may hold you accountable for that and this could leave a negative impact on your personality. One of the things to remember is that the decision is in the hands of the judge you receive.
The extraneous circumstances like deportation are considered by the judge before making the decision. The bias of the judge can come into play because he/she might feel you are not an honest person and are likely to commit fraud again.
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Contact A Child Custody Lawyer To Claim Custody
The process of getting divorced is tormenting already. You might not be able to move ahead in life due to heartbreak and stress. Everything can become even more complicated when children are involved in a breakup. It can be a trauma to leave your child because you are parting ways with your partner.
If you are staying illegally in the United States, and wish to claim the custody rights of your child then we suggest you get in touch with an attorney. Your lawyer will provide you with assistance and will proceed with your case in the best way possible. Getting help from a professional attorney is always a great idea as this will help you to plead your case with perfection.
The custody lawyers are knowledgeable and will provide you with the best possible solution. They will also suggest some good ideas to plead your case in court. Claiming your parental rights and getting custody of your child is possible even if you are an illegal immigrant.
It is important to look for the best child custody attorney as this will allow you to increase your chances of winning more. You can get your consultation and discuss your case with your attorney. Do extensive research and find the best law firm in the United States. This will allow you to get in touch with an expert child custody attorney.