My son has a son with a girl who is an illegal alien. He lives in NJ and he gave her permission to take the baby to Cal. since it would be easier for her. She has relatives out there and he thought he was doing something good for her. This is what she wanted, but now she says she won't come back, ever, so we can't see the baby. She doesn't want my son involved in her life. Doesn't my son have any rights as the father and a US citizen? He sends money to help support the baby and is perfectly willing to do this, but he wants the baby back in NJ so he can be part of his life. Now she's threatening to take the baby back to her country. One of the lawyers he went to told him Cal. has jurisdiction and (off the record) he should just go to Cal. and 'bring' the baby back. Isn't there any legal, right way to handle this? Please help, he misses his son and I really miss my grandson. The baby is only 5 months old.
2006-12-07 05:35:35 · 7 answers · asked by GT 3 in Politics & Government ➔ Law & Ethics
He doesn't want to take the baby away from the mother cause he knows how much she loves him, but my son also loves him and wants to be in his life. He also doesn't want her deported for this reason.
2006-12-07 05:46:03 · update #1
He could call the border patrol and have her deported. He should advise the border patrol that he is the legal father and add that he is willing to submit to a paternity test should they need proof. That he will take custody of the child if they deport her. He should retain an attorney in California to handle this for him so that it is done legally. I highly recommend against the "off the record" idea.
2006-12-07 05:38:55 · answer #1 · answered by kwightman69 3 · 0⤊ 0⤋
I totally agree with "Kwightman69", but make sure that she does not get any heads up on your legal action, or she "will" flee. This is going to cost you some money, so go to Cal. retain an attorney, get a judge to sign an order for a test to verify the child is his, because she will use that as a stalling method, but at all costs have the judge sign an order, denying her the opportunity to leave the country, until the custody issue is resolved, and you have to prove (your lawyer) that the child needs to remain in the U.S. for the childs best interest. Only because she is an illegal, does not automatically mean she has no rights. You have to do everything covert, until you can get the orders in place, because at any opportunity, she will flee. Good Luck, please keep us posted. Also talk to ICE maybe they can shed some light.
2006-12-07 13:50:04 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If I was your son I would go to Cal. and address the matter with the court system,I would not suggest going to Cal. and just bringing the baby back without some kind of court order,and he have to consider that the baby mother loves the child and probably have some relatives or friends who will perhaps harm your son if he just show up and demand the baby.
2006-12-07 13:41:34 · answer #3 · answered by lolo rachi 2 · 0⤊ 0⤋
If your son can prove paternity then he has as much "legal" right as the mother. Is it court-ordered money he sends? Do NOT go to calif to get the baby! All that does is looks like he is "stealing" the baby. The baby is a US citizen so on behalf of the child, your son the dad can fight. Call Legal Aid for free advice.
2006-12-07 13:41:47 · answer #4 · answered by U-man 3 · 0⤊ 0⤋
Your son got bad advice. He could be charged with kidnapping. Yes, he has rights if he is the biological father. He should go to CA and petition the court for a paternity test. If he is the father, he should file for sole custody.
He should report the mother to INS. The whole thing sounds like a big scam.
If he isn't the father, he should walk away fast. Then sue the mother in civil court for the support he already paid.
2006-12-07 13:47:40 · answer #5 · answered by ne11 5 · 0⤊ 0⤋
Of course he has parental rights. He can get a court ordered DNA test to prove that he is the father. That is really nice of her to accept the money but deny him visiting rights. Get an attorney but do not let her know what is going on. She may go into hiding and then he will not be able to find her.
2006-12-07 13:40:03 · answer #6 · answered by Sparkles 7 · 0⤊ 0⤋
If he ever needs Legal assistance, have him contact me. I will save him time and money. The best part is getting access to his Legal Rights. I will put him in touch with a TOP Law Firm in CAL. This is VERY affordable and it will cover the entire family. I hope to be of service to him.
Sincerely,
Jon
2006-12-07 14:52:07 · answer #7 · answered by Anonymous · 0⤊ 0⤋