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