My ex girlfriend is hiding my daughter how could I gain at least partial custody? 11 Answers as of January 09, 2012

Consult a family law attorney to help you obtain visitation rights and talk about joint or sole custody. Your illegal status should not be a bar to this. Your ex should want you to remain in the U.S. to be able to continue to provide support.

You should seek advice from the Family Court in your county. They will advise you how to apply for custody, visitation, etc.

You should contact an attorney that handles family and immigration law to be sure all the issues are covered. You can file a case in court to determine custody and parenting time. Both parents can exercise their rights and no parent should alienate the child against the other parent.

Your custody rights are generally determined by the Family Law courts and it should not matter whether your legal or not. However, having said that, there is concern that your ex-girlfriend may notify the immigration authorities if you file petition in family law court for custody whereby you may be placed in removal proceedings. I recommend that you first consult with an family law attorney to determine your custody rights; then also speak to an immigration attorney regarding what options, if any, you may have under US immigration laws through your daughter, or otherwise.

You are in a tough spot. However, even as an illegal you have access to the court's to obtain an order regarding parenting time. You should consult with a lawyer who understands both the immigration and divorce issues before you do anything.

You need to consult an experienced family law attorney. You may need a legal proceeding to establish paternity of your child. If this has already been done, then you petition Superior Court for a parenting plan/custody plan for your child. In Washington State, your status as an illegal alien is only one factor the courts consider, among many factors, for awarding custody or visitation. It is good that you are responsible for supporting your child. Child support is another positive factor for awarding custody or visitation.

The fact that you are illegal does not deprive you of your right to see your child. The best thing you can do is to petition for visitation and/or custody with a court of competent jurisdiction. In New York, you would file a petition with the Family Court. The Court will determine what is in the best interests of your child. If you want more specific information, you should contact an attorney who specializes in family law and/or child custody issues.

It is really in your best interest to contact a family law attorney. As a father, you do have rights to see your daughter. Your immigration status does not have any bearing in a family law matter.

I would suggest going to Family Court and speaking with someone there or hiring a Family Law Attorney. You are entitled to see your daughter and the fact that you are here illegally will not prevent you from exercising your legal rights. Good luck.

You need to speak with a competent family law attorney in your state. Your status in the US is not an issue in that your rights as a father are not negatively impacted because of your status.