My brothers wife is taking him to court for custody of there son, and she is trying to recieve spouse support, but she is a illegal imagrant and he is a USA citizen, can she do this, and recieve a court appointed attorney for this?
2006-09-01 19:03:44 · 10 answers · asked by Anonymous in Politics & Government ➔ Immigration
humorme: I think you got the question wrong here - SHE is the ILLEGAL and HE is the LEGAL.
Anyways, I would say that yes, she will probably be able to get a court appointed lawyer. I bet the child is an "anchor" baby, meaning he will be considered a US citizen and since the child support is for the child, the court will likely appoint a lawyer for the child.
What should REALLY happen here is she should be deported! She should have the option of taking the child with her when she is deported or leave the child with his father in the USA.
2006-09-01 19:20:54 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I work for the Public Defender Dept in my city and as far as I know, the only way he can get a court appt lawyer is if he has criminal charges against him. If this is a custody case, I don't think they will give him a court appt atty unless the judge appoints one. He can always talk to the judge and see what he/she says.
Oh, I didn't read the question right the first time, but she can't get one either. Not because she is illegal but because of what I explained ^^^^^^. Sorry.
2006-09-02 15:06:03 · answer #2 · answered by Golosa 3 · 2⤊ 0⤋
Yes she will receive a court appointed lawyer.Everyone is entitled to have an attorney present regardless of immigration status.That's where that little part of the miranda rights states "You have the right to an attorney,if you can't afford an attorney one will be provided for you".And the spousal support has nothing to do with the status of the wife,afterall the money is suppose to be for the child.and unless the child is not his or he has custody of him then they have to go by the child support rules.
2006-09-02 12:09:47 · answer #3 · answered by Nexus K 4 · 0⤊ 1⤋
A court-appointed attorney is only provided to someone charged with a crime. She is filing a lawsuit, and there is no provision for court-appointed attorneys for that.
2006-09-02 02:09:36 · answer #4 · answered by Anonymous · 2⤊ 0⤋
You are really make me think, you are actually putting the birds seeds on the tree with the lock and wait for the chicken to find it, well for the reason you asking I think they need to come to US or Cross the border legally and Lawful to receive any benefit.
2006-09-02 02:29:24 · answer #5 · answered by hlam909 2 · 1⤊ 0⤋
I read they have to pay for them if they want them in immigration court. In family court you may not be eligible because the state only guarantees representation in criminal cases.
2006-09-02 02:17:38 · answer #6 · answered by yars232c 6 · 2⤊ 0⤋
probably, u illegals get everything else for free. Even if he does have to pay spousel support he wont pay it. he will just hop the border and sneak back in when its time to collect he welfare checks or needs a root canal.
2006-09-02 02:07:31 · answer #7 · answered by humorme! 3 · 1⤊ 1⤋
THEY GET EVERYTHING ELSE EXCEPT DE RAK. THEY DO NOT ACCEPT TRASH.
2006-09-02 02:36:33 · answer #8 · answered by QUE PASA?? 3 · 0⤊ 2⤋
no.She would have to go to the mexican cosulate. (if she is mexican)
2006-09-02 02:05:51 · answer #9 · answered by sincerely, see me 4 · 1⤊ 0⤋
why not? they get everything else.
2006-09-02 02:06:13 · answer #10 · answered by de rak 4 · 2⤊ 0⤋