Can the father leave with the kids the same as the mother ????
- Married or not the child changes everything.
He has to file for custody as the state recognizes the mother as the
custodian of the child.
He has to prove to the state that she is incompetent to raise the child and
show evidence that he has all the where with all to support the child,
see that he is educated
etc. The state looks for what they see as the best interest of the child
although sometimes it
doesn't look that way.
Married involves the couple the child involves the state.
Moderator/Bear: When evaluating facts from a legal standpoint it is important to recognize the "material facts". In pleading, material facts are the ones that are essential to the case and without which it could not be supported. Material facts are the ones necessary to determine an issue. What you set forth above are legitimate principles of law upon which there is a "material fact" that will have a lot of weight in the determination of the issue; that being, "the mother of the baby is an illegal immigrant." For fun, the original poster should do a search in www.versuslaw.com in the state law data base for the words "illegal immigrant" and "child custody" at the same time. I predict this is not the first time this factual scenario has been adjudicated. I predict that when custody of the child is taken to court, the court will give full custody to the father. The illegal alien mother will not get anything more than visitation on the basis she could be kicked out of the country at any time. The child is a citizen and has a right to stay in this country by virtue of being born here. It sounds mean, but, the mother should have thought of these things in advance. If the father just took the child, what standing would the mother have to make a claim for the child? Wouldn't the authorities say, "Papers please?"
> I really need some advise on this one. A friend of mine has been
> living with a woman for about 3 years now. They are not married, but
> have a one year old son together. My friend is not happy and wants to
> leave and take his son with him. He is really worried what will
> happen. Will he get in trouble with the law? Here is the catch...
> the mother of the baby is an illegal immigrant. She cannot and will
> not work. Muchless drive a car. She speaks no english. How would she
> even support the baby or be able to raise him in an American community
> if she does not even want to try to learn english. My friend feels
> trapped.... he wants to leave.... with the baby... what can he do....