Legal Question in Family Law in California
I am currently pregnant and the father of my child and I are not together any longer. I am a US citizen,he is an illegal alien. We both live in California(different cities,not together) and we both work.I am wondering,when the time comes can I still take him to court for child support since he is an illegal alien?
2 Answers from Attorneys
Of course you can. Immigration status is completely irrelevant to Family Law proceedings, except to the extent any immigration proceedings might be going on that would impact a custody and visitation plan. In fact unless there is a pending immigration proceeding, such as a deportation or something, that would affect parenting, the court is not going to want even to hear about immigration status.
I agree with Mr. McCormick. His immigation status has nothing to do with getting a court order for child support. It does, however, cause problems for enforcement, if he leaves the country or gets deported.