Legal Question in Immigration Law in New York

Illegal alien mother seeks full custody

I am currently dating a woman whose child is an American citizen but she has overstayed her 6-month so she is currently an illegal aliens for the past two years or so. The child`s father is currently in St.Vincent and does not support the child financially. The child`s grandmother,who is a resident alien, provides room and board to her and her son. I would like to know if she would be able to file for full custody of the child? And also can the child`s grandmother and father successfully gain full custody of the child because of her immigration status?


Asked on 12/27/03, 2:08 am

1 Answer from Attorneys
Antonio Maldonado Maldonado Myers LLP

Re: Illegal alien mother seeks full custody

Illegal alien is a term that is often used for those aliens that have entered the United States without inspection. An alien acquires unlawful presence when she overstays her authorized period of stay. It is important to make the distinction between an �illegal alien� and an alien that has unlawful presence.

That aside, the question you pose is strictly a New York family law matter if the persons you describe live within the State of New York. I suggest you pose this problem to NY attorneys that deal primarily with family law here at lawguru.com

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Answered on 1/02/04, 11:03 pm


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