Illegal alien girlfriend is pregnant - what are my rights?
I am a US Citizen. A couple of years ago I started dating a woman who is now an illegal alien. She overstayed her tourist visa a couple of years ago.
About a month ago she informed me she is pregnant. (i'm 100% sure it's mine.)
As I love and care about this woman, I informed her I would do everything I can to be responsible, however she does not feel the same about me and therefore does not want me to be part of her life.
The baby is not due for another 7 months. She will not answer the phone or allow me to see her.
What are my rights? What if she decides to go back to her country before the baby is born?
If the baby is born in the USA, will I be allowed to see partial or full custody?
If I get the law involved, will she and the baby be deported?
Any advice will be greatly appreciated.
VY2007-10-23T09:58:32Z
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Tough situation so I feel for you. However not much you can do since the relationship is where it is at. Two sides to every situation so I will not delve in that.
I would say you need to try to repair the relationship if you can. At least be amicable. If she still doesn't want anything to do for you, you have to respect those wishes. Down the road things might change but it is her descision. Might have to give her some space.
If your name is not on the birth certificate as the father, the other option is have some court order to force a DNA test. Also not a good way to repair the relationship. Any legal move will definitely destroy the relationship.
Good luck. Alot depends on how this relationship is repaired, if it can be.
What if she decides to go back to her country before the baby is born?
Then you will most likely never know whose child it is.
If the baby is born in the USA, will I be allowed to see partial or full custody? Not based solely on the chlld being born here.
If I get the law involved, will she and the baby be deported? Yep, because it resides inside of the mother.
EDITED TO ADD:
There is a reason i answered the way I did. If you want to take this seriously then let me know.
By the way, you have YET to get a correct legal answer for a reason.
THIS HAS GONE ON LONG ENOUGH:
FIRST, you CANNOT force a DNA test on a third party. Because the child is not yet born, you have no intrinsic right to demand anything from the court.
SECOND, even if the child is born in the U.S., because the mother has intrinsic custody of the baby, she can take the child anywhere she wishes absent a court order to the contrary and that means back to Mexico if she so desires.
THIRD, an attorney cannot help you at this point because you are NOT the child's father under law. You have no standing to do anything until the live birth of the child.
Now to stop the idiotic posts with the spectrum of guesses and opinions, here is the basis of your problems.
A suspected father has NO LEGAL RIGHTS to the child until such time as the child is born alive. Then, under law, he has only what are referred to as "ASSERTIVE" rights.
That means he can ASSERT he is the father of the child and if the court is so inclined, the court can order a DNA test.
IF the test comes back that the father is indeed the biological father, THEN AND ONLY THEN does the father have legal rights of custody, support, visitation and possession.
This all assumes that the mother stays in this country. If she does not, and the child is born in Mexico, then Mexican courts will have jurisdiction and IF you are found to be the father either through dna or administrative determination, your child support and visitation will be sent to Mexico.
Even if the child is born here, if the mother then leaves and returns to mexico there is nothing you can do. The mother has custody and the U.S. State Department and INS have no authority over the mother and, by extension, the child travelling under the passport of a sovergin nation.
NOW do you understand?
By the way, I AM an attorney, I practice family law in 6 states and am licensed to practice at the Hague convention for Families and Children.
I just left the border patrol training facility and if the baby is born in the U.S. it will automaticly get granted US citizenship. The thing is if she is found in the US without a visa she will be deported. The child would be a US citizen so guess where the kid will stay. You need a lawyer SOON!!! this is a very actionable position I know you love this woman but there are ways that she can derive US citizenship through you.But she would have to be at least you finance I think. She may have to be married to you but I know she can at least get a visa if you are engaged. if the kid ends up born in another country citizenship can still be dirived from you but then it gets more complicated espesialy if you are not married at the time of birth email me any more questions but honestly you need a lawyer. - Rodger Sears
U can certainly talk to a lawyer and that's of course if she let you to do so cus at this point its really up to her to decided weather she wants to stay here or not. Now legally, she will be deported cus she is illegal however, you can marry her so she can be a citizen as well so both her and the baby can stay. Weather she decide to stay or move, you can always find this lady and talk to her how you can involve in your child life cus even if she decided to move else where you should be able to see ur own child. Good luck and hope everything goes well:)
Probably I would suggest you call an immigration lawyer and probably a family lawyer the immigration lawyer to see if she can stay here until the baby is born the family lawyer to see what your rights are as a parent if she is deported ...I would really try to keep her here until the baby is born so that your baby is a US citizen or otherwise it can get sticky