Legal Question in Family Law in Arizona

If an illegal female immigrant has a child with a natural citizen and the women gets deported back to Mexico, does the father have the right to keep the child in the United States?


Asked on 4/08/10, 9:09 am

1 Answer from Attorneys

Rich Peters R.J. Peters & Assoc., P.C.

If they were never married, then the Father has no LEGAL rights, and should initiate a Paternity action immediately. In that action, Father can certainly seek primary custody.

If the parties are married, then YES, Father can keep the child. If the parties have a disagreement over that, then Father again should initiate a Dissolution action immediately. In that action, Father can certainly seek primary custody.

We can certainly help him/you consider and then pursue your options.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation

/s/ Rich J. Peters

RJ PETERS & ASSOC., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

facsimile 602-254-1229

see our website at www.familylawaz.com

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Answered on 4/13/10, 9:31 am


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