Legal Question in Family Law in North Carolina

I am an illegal alien in the usa and have a 16 months old son with a us citizen. He is on the birth certificate, but we have never been married. Can I leave the country with my son to move overseas to live with my family without his permission

Asked on 2/25/14, 3:42 pm

1 Answer from Attorneys

Mueni Muli Wanjohi & Muli Law Firm PLLC

You can always do as you please. Several issues at play:

1. whether or not you can travel with your minor child without a passport. If u need a passport then u cannot get a passport without consent of dad

2. If dad finds out your plan- he can get emergency custody that will bar you from leaving the county with the child

3. Airline may require you to show proof of return ticket of the child since you have no proof of the child's citizenship in your home country. They want to be sure their American citizen has a way to return

4. American citizen can contact US embassy at your home country cry kidnap and the child can be taken from you.

Seek a consultation with an Immigation/family attorney close to you. You probably have options to legalize your status.

Remember you have a constitutionally protected right (regardless of your illegal status) to raise your child and only you can give up that right.

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Answered on 2/25/14, 5:44 pm

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