Legal Question in Family Law in California

if one parent is illegal and undocumented is that parent able to get full custody of the child?


Asked on 9/22/11, 10:16 am

3 Answers from Attorneys

Yes. Family court is blind to immigration status. However, unless the other parent is totally unfit, as in Child Protective Services would step in if they were the only parent, neither parent is very likely to get full custody unless the other one agrees.

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Answered on 9/22/11, 10:25 am
Arlene Kock Law Offices of Arlene D. Kock APLC

If there is a legitimate concern the parent plans to flee the united states with the child, that would justify restraining orders or a possible custody change.

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Answered on 9/22/11, 5:27 pm


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