Legal Question in Family Law in California
I am currently pregnant and my childs father and I have recently broken up.We live in California,he however is from El Salvador and is not in this country legally.Once the baby is born could he take me to court for custody or anything since he is not her legally?
2 Answers from Attorneys
He could, but it is unlikely as due to his illegal status in USA, he will try very hard to keep a low profile.
The legality of his residency is irrelevant to the court deciding a custody and support issue. Illegal immigrants have the same rights as anyone in court. So he has full legal rights to seek a determination of paternity and an order for custody, visitation, support, etc. Whether he will be afraid of his status becoming a problem if he goes to court, is something he will have to decide for himself.
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