Legal Question in Family Law in Illinois
My boyfiend is illegal in the US and i want to file for custody of my 2 kids and child support. What problems could he have if i do? Could he get deported? Could a judge give him custody if im not working and have no way of providing for them?
1 Answer from Attorneys
The facts described in your inquiry suggest the following: 1) any court appearance by your boyfriend may cause him immigration problems; 2) a family court judge will not award him custody because of your child support inabilities; 3) custody of the children will be based on the court's conclusion as to the best interests of the children regarding their care; 4) if the children live and have lived with you, you will get at least residential custody; 5) he will be responsible for child support, with visitation, depending on his immigration issues. You are advised to seek legal aid help from a family aid agency, pro bono legal aid, or family law attorney.
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