If a father is in the US illegally, what are his parental rights if he isn’t on the birth certificate?

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If a father is in the US illegally, what are his parental rights if he isn’t on the birth certificate?

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Asked on November 10, 2012 under Family Law, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Regardless of the legal status of a father who is in the United States illegally or legally, the father under the laws of all states in this country has the right to visitation and custody of his child once it is determined he is the father. Since the father is not on the child's birth certificate at this point in time, establishing paternity must first be established before any order of custody is issued.


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