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Illegal Immigrant VS Legal Citizen Custody Rights & Laws
Anonymous0 views3 answers
I recently was discharged from the army due to an injury sustained while in boot camp, during this time my son livedwith his illegal father, whom is filing for citizenship. While I was away my family informed me that my son was being abused. My son's doctor evaluated him and submitted a chart note to CPS with evidence of abuse. However, the CPS in King County has unreliable results which have been evaluated, and closed the case against my son's father and his paternal grandmother. My son has repeaditly tld me that his "abuelita" and "papa" are constantly hitting him and pulling his hair and that his 13 yr old uncle watches him. Prior to settling back in WA, my son would cry and grab doorways or anything he could to not leave because he did not want to go back, I have him now only to an....
You need to speak with an experienced family law attorney in your area. If you believe he is a danger to the child, you will need to show that to the court. I suggest you speak with several family law attorneys regarding your case so you can get several opinions before choosing an attorney. Many attorneys offer free consultations or low cost consultations to speak with you.
Without knowing whether you have a court order defining current custody and visitation rights and obligations, it is not possible to provide you with advice on what to do outside of speaking with counsel. Your immediate issue is more a family law issue rather than an immigration issue.
If you are worried about your son's safety, do not hesitate to get the ball rolling.
Best Regards
Having custody of a US citizen child by itself does not prevent deportation for a deportable alien. Plenty of aliens with US citizen spouses and children have been deported from the US.
An "illegal" alien does not get US citizen (except under very specific situations such as by serving in the US Armed Forces in a combat zone). To be eligible for US citizenship, an alien must first obtain legal permanent residency.
Family law judges should not be considering the immigration status of the parents unless there has been a history of something being done the the child (for example, the immigrant parent had previously taken the child out of the country without the consent of the other parent).
You can ask that a guardian ad litem be appointed to represent the best interest of the child. The GAL should conduct an independent investigation into allegations of abuse.
You should review your specific facts with your attorney to find out what your legal options may be.
I would just like to reiterate the recommendation to hire a GAL, I believe in your case it could be a big help given the information that you have provided.
