re: pray for me

As far as staying as a family and not breaking up the family (meaning with the father) thats not up to her because she is illegal. The father would have to say he wants the child to stay which THEN would give her the option to stay.

Option A: If the father does not want the child in his life or she wants nothing to do with the father then She has the option alone to leave the child with the father or to take the child with her.

Option B: If the father DOES want to be in the child's life then the mother wouldhave the option to stay.

Seeingas how they are not together and he does not want to be with her or the child then I dont see option B as happening. Child support and custody matters where the mother is illegal will not be handled until one of the two options is chosen.

i may put his name on the birth certificate jus to be fair to the baby...afterall baby should b able to know who his parents r.... but as far as child support i dun even need it frm him...i should be able to raise my baby with what i have/make.....i do have strong social network...the problems i hate how he comes around claiming its his child jus disturbing my peace...thinks i'll jus wait around n love him n never move on with my life....on top of tht threatens to take away the child...he doesnt even have a job to begin with...i jus dont think it fair of him to come around whenever he likes @ my home...i have already in the past called 911 on him due to voilence but dismissed the case in court...he does have quite a long list of criminal record regarding pot...is on probation...went to jail, rehab...i was there supporting him thru all this....whatever i hope we dun have to go to court over this baby thats all....

Quoting greenleaf:“ i may put his name on the birth certificate jus to be fair to the baby...afterall baby should b able ... [snip!] ... rehab...i was there supporting him thru all this....whatever i hope we dun have to go to court over this baby thats all....”

Courts favor the mother usually anyway, but with a record like his.... he CAN'T take your baby unless you've got a record to compete with his..
And what's this "claiming it's his child" thing? Something you're not telling us?

Quoting Jacob's Momma {TTC # 2!!}:“ Courts favor the mother usually anyway, but with a record like his.... he CAN'T take your baby unless ... [snip!] ... you've got a record to compete with his.. And what's this "claiming it's his child" thing? Something you're not telling us?”

Its all fake. She wouldnt be illegal and taking someone to court for anything. Its just someone bored on summer vacation.

Quoting Cowgirl47429:“ Its all fake. She wouldnt be illegal and taking someone to court for anything. Its just someone bored on summer vacation.”

cowgurl maybe u need to get out more ...i took him to court for domestic voilence n dismissed the case cause i did love him...i'm not a american citizen but still a human being n dont need to live in fear...this country really doesnt belong to nobody except the native american, everybody came frm somewhere.  1love 1 world is all i know....peace gurl

Quoting greenleaf:“ cowgurl maybe u need to get out more ...i took him to court for domestic voilence n dismissed the case ... [snip!] ... doesnt belong to nobody except the native american, everybody came frm somewhere. 1love 1 world is all i know....peace gurl”

Atleast I am here legally  A illegal immigrant wouldnt have any standing in court unless its a FEDERAL court. I never said this country "belonged" to anyone however I am half native american so I have more right then you do by what you are saying.

Quoting Cowgirl47429:“ Atleast I am here legally  A illegal immigrant wouldnt have any standing in court unless its a FEDERAL ... [snip!] ... this country "belonged" to anyone however I am half native american so I have more right then you do by what you are saying.”

good for u...i will take care of my situation soon....life pretty good most times....watchin snl....lolz

Quoting Cowgirl47429:“ As far as staying as a family and not breaking up the family (meaning with the father) thats not up to ... [snip!] ... Child support and custody matters where the mother is illegal will not be handled until one of the two options is chosen.”

I think she would be better off talking to an attorney thank taking this advice to heart. I don't think that Immigratioin and Customs Enforcement (ICE) is going to give much weight to the desires of the father. I believe its going to cook down to immigration law, naturalization law, agency policy and (to a lesser extent) family law of the jurisdiction where she is.

Quoting Cowgirl47429:“ Atleast I am here legally  A illegal immigrant wouldnt have any standing in court unless its a FEDERAL ... [snip!] ... this country "belonged" to anyone however I am half native american so I have more right then you do by what you are saying.”

That's incorrect. An illegal immigrant would have standing in courts other than district (Federal) court.

Quoting J-Ray:“ That's incorrect. An illegal immigrant would have standing in courts other than district (Federal) court.”

Not as the person filing the charges. As a witness they would but not as the petioner because the civilian courts are not suppose to say what should be done for or against a illegal. The immigration would have to be involved to determine if that person has any legal standing in the US to file any charges which could then result in deporting the person. If a civilain court ordered restitution for example they have to have all the info of the illegal along with a "legal" residence. Its basically like trying to handle a foreign affair because the illegal is breaking federal law by being there.

Quoting Cowgirl47429:“ Not as the person filing the charges. As a witness they would but not as the petioner because the civilian ... [snip!] ... residence. Its basically like trying to handle a foreign affair because the illegal is breaking federal law by being there.”

You may be right that this scenario is bogus so this would be purely academic.

If I'm understanding you correctly then I do agree that the local courts would have no say on the immigration matter, but would have to take into consideration the immigration status of the parent in rendering a determination of custody. How that would shake out would likley depend on many other factors. The immigration matter would have to be considered by an immigration judge in an administrative proceeding, separately.

As for having the right to petition as a plaintif in the civil matter, I don't know. I do know that different jurisdictions have different rules governing how cases are brought to the court (be it Chancery court, state court, probate court or whatever court handles family law issues in that particular area). I don't think it's accurate to say that the illegal immigrant (or out-of-status immigrant) has no standing in a family law proceding. Also, the concept ofresidence and immigration status are two different things.

Again, I think that legal consultation would be the best course for the original poster to take.

Quoting J-Ray:“ You may be right that this scenario is bogus so this would be purely academic. If I'm understanding ... [snip!] ... are two different things. Again, I think that legal consultation would be the best course for the original poster to take.”

Exactly, this poster just seems fake by how they say everything and have worded both posts. So basically this is just for the sake of discussion.

In a custody matter the biologial FATHER has no standing in court because the mother of course has custody from birth and thecourts cant determine custody of a foreign citizens child. The person with physical custody has priority which would be her. As I said he can NOT take the child from her unless she give him that right.

What I was saying as far as not having any legal standing at all is she wouldnt have filed charges against him for something other then the child meaningsomething personal like domestic violence because she has nolegal rights in this country so civilian courts cant grant her anything.

As far as custody goes there are two way it could go.

First if the father wants the child in his life then the mother who is illegal has many options. She can stay (if the paperwork is done properly), she can leave with the child, or she can leave the child with him.

The second would be if the father wants NOTHING to do with the child then there is no family to break up so the only options for the mother is to take the child with her or leave the child behind. Both options are up to her to choose.

They dont grant someone the right to stay just because they gave birth to a child in the US.

Quoting Cowgirl47429:“ Exactly, this poster just seems fake by how they say everything and have worded both posts. So basically ... [snip!] ... options are up to her to choose. They dont grant someone the right to stay just because they gave birth to a child in the US.”

It's an interesting sitution (hypothetically). I've had a bit of experience with people close to me and the immigration issues. I've also had quite a bit of experience with people close to me and the child-custody issues. Interestingly, traditionally the courst favored the mother in child-custody situations, but as a friend of mine recently learned that recent court decisions changed how courts determine the primary custodial parent, disallowing them to favor the mother- accept in cases where the child was very young and nursing was a major issue. Again, the laws vary from state to state so it would be impossible to paint a broad brush stroke of how things would work in the original poster's jurisdiction versus Alaska, the VI or other places. As for being the mother of a U.S. born child and immigration. I cannot speak of current practices, but I know that in the past they did give significant consideration to the fact that deporting the mother of a youngU.S. citizen child would impact the U.S. citizin child negatively. They (immigration judges/courts) did not just apply the "so sad, too bad" rule to the situation. It isn't accurate to say that she has "the right tostay" because she has a U.S. citizen child, but it is fair to say that it does get taken into consideration (at least it used to). Like it or not, it's true.

Quoting J-Ray:“ It's an interesting sitution (hypothetically). I've had a bit of experience with people close to me ... [snip!] ... child, but it is fair to say that it does get taken into consideration (at least it used to). Like it or not, it's true.”

Yeah totally it would help in her case to stay however in her situation she dropped her entire immigration case with her lawyer so she no longer has a case at the moment. Thats why I was saying she would have to get off her ass and do something about it and not expect other people to do it for her. She needs to fix her immigration status.

Quoting Cowgirl47429:“ Yeah totally it would help in her case to stay however in her situation she dropped her entire immigration ... [snip!] ... off her ass and do something about it and not expect other people to do it for her. She needs to fix her immigration status.”

I agree. It's not going to fix itself...that is, as you pointed out, if it is even for real to begin with.