I am not a US citizen but the father of the baby I am expecting is. What custody rights the father has?

I am not a US citizen but the father of the baby I am expecting is. What custody rights the father has? If the baby is born in Brazil?

I am afraid if I stay after the baby is born he would try to deport me and keep the baby here. Asked by pinkpanter 41 months ago Similar questions: citizen father baby expecting custody rights Family > Parenting.

Similar questions: citizen father baby expecting custody rights.

You need to see a lawyer. There is no way anyone can answer this completely for you. Your baby will be an American citizen and a Brasilian citizen and there are all kinds of things that need to be ironed out.

The father has rights, but so do you, and a lot of those rights depend on what state you're in, as far as how to establish them and such. I really advise you to seek an attorney who works with immigration law or domestic law, or both if you can find one. There are too many variables involved to give you a definitive answer here..

Acknowledging paternity and agreeing to provide financial support for the child until s/he reaches the age of 18 years; or the child is legitimated under local law (note: this is not possible under Chinese law); orpaternity is established by a competent court before the child attains the age of 18 years; Sources: http://guangzhou.usembassy-china.org.cn/new_baby/birth_registration.html .

This site is a good reference for your case. Since you did not mention that you marry the father of your unborn child, I assume that you are not because if you were married in the first place then you could have been a US citizen then. I researched and found this site which states the rights of umarried father and I guess you don't have to worry that much.

Here is the article: Protection for Unmarried Parents By James Paul Criscione of Law Office of James Paul CriscioneUnmarried parents face unique challenges when they separate. Unlike their married counterparts, unwed fathers are not automatically presumed to be the biological parent of their children despite the fact that they may be listed on the child's birth certificate. Without a finding of "paternity", the mother has no rights to recover child support from the father.

Conversely, the father will find himself with no recourse to seek custody or visitation rights with his child. The term "paternity" refers to the legal system recognizing a person as a child's biological parent. When people are married and a child is born, the law presumes that the husband is the biological father.

Thus, "paternity" need not be established when the parties divorce. However, when parents are unmarried, no such presumption exists. For children born out of wedlock, "paternity" may only be found if a person voluntarily signs a declaration stating they are a biological parent or if the court is involved through the filing of a "Paternity Case."

Once "paternity" is established under California law, parents assume the full rights and responsibilities involving their children. Unmarried mothers and fathers often face different problems when they separate. The balance of this article will highlight common issues facing both parties.

The Unmarried Father: The Battle for Parental RightsUnmarried fathers often feel cheated by the system when it comes to the issue of their children. It is undeniable that custody and visitation issues have taken a back seat to child support during the past few years. Politicians are beating the drum loudly for prosecution of so-called "deadbeat dads."

District Attorneys' are filing record numbers of enforcement cases and are armed with formidable tools. A father who falls behind on his child support payments can expect to pay hundreds, sometimes thousands, of dollars in interest, lose their drivers and other business licenses, have their federal and state income tax refunds intercepted, not to mention possible criminal prosecution. Once a father is hauled into court, he quickly finds that child support is calculated not only using the gross income of both parents, but also upon the percentage of time that he spends with the child.

But herein lies a huge catch. The court will not usually consider the time a father spends with his children unless there are existing court orders regarding visitation. Without orders, the court will set the time-share between father and child at zero percent (0%).

The effect of using a zero percent time-share will be to set child support at the maximum level. Here is an example:Martha and Tom are unmarried and have a son, David. Martha earns $1,000.00 gross monthly income while Tom earns $3,000.00 gross monthly income.

David lives primarily with Martha during the week, but Tom maintains a close relationship with his son including visits every other weekend from Friday at 6:00 p.m. To Sunday at 6:00 p.m. , one overnight every Wednesday night, split holidays and six weeks each summer.

Martha and Tom have never obtained court orders regarding custody and visitation of their child. In this example, if Martha attempts to obtain a child support order, Tom would be ordered to pay $403.00 per month assuming that custody and visitation orders are in place. However, without visitation being formally recognized by the court, the child support calculation would be based on a zero time-share, which would then result in Tom being ordered to pay $562.00 per month.

That's a difference of $159.00 per month simply because Martha and Tom never bothered to insure that their agreement regarding their son was made an order of the court. Tom is also in for another shock if, one day, Martha decides that the contact schedule that David has been having with his father is no longer working. Without court orders, Tom has no enforceable rights to see David.

Going to the police station will be a waste of time because police insist on seeing court orders before intervening in domestic disputes involving children. This is not a pretty picture. Tom, like many unmarried fathers, is expected to pay child support and will be prosecuted by the District Attorney if he fails to do so.

However, there is no one who will fight as rigorously for Tom should he attempt to enforce his right to be a part of his child's life. Tom's only recourse is to seek court orders that will insure that the time he spends with his child is both recognized and protected. Until a child has graduated from high school, unmarried parents who fail to obtain court orders run the risk of serious financial and emotional harm.

The safest course for both the short and long term is for parents contemplating separation to seek professional advice regarding their particular situation. Having enforceable court orders at hand will protect not only the interests of mother and father, but will also insure that the child does not become part of a veritable tug-of-war. ---------------------***You can also read from this article your rights as a biological mother.

And for your other questions, if your baby will be born in Brazil then I think he has less rights compared when he will be born in the US. I would suggest that you give birth in the US since your child will then become a US citizen and it won't be too hard for you to seek one too. And you will not be easily deported by the father of your child because he himself has less rights to the child because you are not married.So stay put, take care of your pregnancy and don't worry, if you give birth in the US the child will become a US citizen because of the existing law of the country and you can seek assistance legal and welfare too if you have difficulty raising your baby as a single parent.

Sources: http://library.findlaw.com/1999/Aug/1/132071.html .

1 My advice would be..... do not put the father's name on the birth certificate. When you are in the hospital, a woman giving birth has the right to fill out the paperwork. NO ONE can tell her what to do.

Even if he was your husband and you were married, the father does not have the RIGHT to come into the delivery room. I learned when I gave birth to my daughter that everything that happens at the hospital is under a woman's control. So don't put his name on the birth certificate.

You can always go back and change this later if you want, but for now, it is a safer option. If his name is not on the certificate it would be almost impossible for him to keep the baby away from you. The government would consider it kidnapping!

My advice would be..... do not put the father's name on the birth certificate. When you are in the hospital, a woman giving birth has the right to fill out the paperwork. NO ONE can tell her what to do.

Even if he was your husband and you were married, the father does not have the RIGHT to come into the delivery room. I learned when I gave birth to my daughter that everything that happens at the hospital is under a woman's control. So don't put his name on the birth certificate.

You can always go back and change this later if you want, but for now, it is a safer option. If his name is not on the certificate it would be almost impossible for him to keep the baby away from you. The government would consider it kidnapping!

" "my parents have custody of my kids. Now my step father says I have no rights or say in their life. Is this true?

" "What custody and visitation rights do fathers who are not United States citizens have? Mother-USA Father-El Salvador" "Im a u. S citizen, but the father of the baby im expecting is not.

Does he have rights to the baby?" "I am not a US citizen but my husband and my kid is a US citizen.. so what rights do I have if we get a divorce? " "if a mother signs custody over to the father, if she wants custody back can she get it? " "When should I send out announcements of expecting a baby?" "finding out I am a father 2yrs later what rights do I have?

I would like to know what kind of rights does a father have that is not a US citizen.

My parents have custody of my kids. Now my step father says I have no rights or say in their life. Is this true?

Im a u. S citizen, but the father of the baby im expecting is not. Does he have rights to the baby?

I cant really gove you an answer,but what I can give you is a way to a solution, that is you have to find the anglde that you relate to or peaks your interest. A good paper is one that people get drawn into because it reaches them ln some way.As for me WW11 to me, I think of the holocaust and the effect it had on the survivors, their families and those who stood by and did nothing until it was too late.