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dad43

Member
What is the name of your state (only U.S. law)? all

i see where everyone says a parent's illegal status makes no difference...but why wouldn't it? if the parent is illegal, doesn't that mean(say parent is from mexico-somewhere easy to get to quickly), that since that parent can quickly return home, they could take the child with them to their home country? i think when people come on and say "parent is an illegal immigrant" they're not so much "outing" the person, as maybe they are worried about the possibility i mentioned above? i mean, if a child born to a US resident automatically retains citizenship, in retrospect, doesn't it have the dual citizenship of the illegal parent as well? therefore, making it quite easy for an illegal parent(or heck, legal for that matter) to take the child across country borders without anyone the wise about it until it is too late? we hear in the news a few times recently where parents have killed children to avoid child support, so wouldn't it be safe to assume a parent could easily adopt the whole "if i take the child to another country, it'll be too late and enough time will pass" kind of mind?
 
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stealth2

Under the Radar Member
What is the name of your state (only U.S. law)? all

i see where everyone says a parent's illegal status makes no difference...but why wouldn't it? if the parent is illegal, doesn't that mean(say parent is from mexico-somewhere easy to get to quickly), that since that parent can quickly return home, they could take the child with them to their home country? i think when people come on and say "parent is an illegal immigrant" they're not so much "outing" the person, as maybe they are worried about the possibility i mentioned above? i mean, if a child born to a US resident automatically retains citizenship, in retrospect, doesn't it have the dual citizenship of the illegal parent as well? therefore, making it quite easy for an illegal parent(or heck, legal for that matter) to take the child across country borders without anyone the wise about it until it is too late? we hear in the news a few times recently where parents have killed children to avoid child support, so wouldn't it be safe to assume a parent could easily adopt the whole "if i take the child to another country, it'll be too late and enough time will pass" kind of mind?

I realize this may be a novel concept, but.... if the "legal" parent wasn't concerned about the "illegal" parent's status when they did the nasty, why should it matter when a child results? If you choose to get your rocks off with an illegal immigrant, you should realize that there may be issues down the road - but that person will STILL be the other parent. If you don't want to deal with the issue? Knock boots with someone who's legally in the country.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? all

i see where everyone says a parent's illegal status makes no difference...but why wouldn't it? if the parent is illegal, doesn't that mean(say parent is from mexico-somewhere easy to get to quickly), that since that parent can quickly return home, they could take the child with them to their home country? i think when people come on and say "parent is an illegal immigrant" they're not so much "outing" the person, as maybe they are worried about the possibility i mentioned above? i mean, if a child born to a US resident automatically retains citizenship, in retrospect, doesn't it have the dual citizenship of the illegal parent as well? therefore, making it quite easy for an illegal parent(or heck, legal for that matter) to take the child across country borders without anyone the wise about it until it is too late? we hear in the news a few times recently where parents have killed children to avoid child support, so wouldn't it be safe to assume a parent could easily adopt the whole "if i take the child to another country, it'll be too late and enough time will pass" kind of mind?

US law is that anyone born on our soil is an American citizen, regardless of the citizenship of their parents. So even if both parents were illegal aliens, their children born on US soil are US citizens.

Yes, a parent who is a citizen of another country can sometimes abscond to that country with the child. However, that is more difficult to do anymore, because the parent must have a passport for the child, to leave the country with the child. The majority of countries will not issue passports without the signature of both parents. There are some however, that still will, therefore its still a possibility.
 

dad43

Member
it all makes sense.....i was just curious.....as for doing the nasty, or picking parents...i wasn't asking for those kinds of replies...i meant ones that would matter in court...someone awaiting trial can be held without bail due to the fact they have a passprt and/or the funds to flee...their passport can be revoked...

what if the child already has a passport then? while parents were still happy and married, took a vacation and Little Billy still has a passport that's valid...those are the things i was talking about...

and i don't really think we pick our children's other parent...my 1st child was born while my girlfriend RELIGIOUSLY took birth control, and i was still young enough to check a condom every single time i put it on...but alas, i have my daughter. WE had no intention of having children together...and in fact were already split up when we found she was pregnant...and yes, i knew she took her birth control...at that time, we just had that good a relationship i guess...plus the religious use of condoms...sometimes things happen beyond our control...so while i agree to an extent of saying "you picked them deal with it", it's not always that way...my old LPO married a woman who said she'd had a tubal...apparently they still practiced safe sex...she got pregnant about 6 months into them dating...and then they got married...he thought it a miracle(he's wierd like that)...come to find out, she'd never had a tubal...
 

CJane

Senior Member
The POINT of the whole "You picked 'em" thing is that there is NO 100% FOR CERTAIN method of birth control outside of NOT "knocking boots" with whomever. So by "doing the nasty" you WERE, in fact picking the potential parent of your child.

Choosing an illegal immigrant (or crack whore, or stripper or druggie or , or , or) to have sex with IS choosing that person as a potential parent. End of story. And that IS how a court will look at it a whole lot of the time.
 

mrzbermudez

Junior Member
Passport issue

As far as both parents filing for a passport in most states that doesnt matter the custodial parent can sign and the non custodial parent isnt the wiser. Because when i had custody of my son i didnt need his father to sign anything for me to get our child's passport
 

Proserpina

Senior Member
As far as both parents filing for a passport in most states that doesnt matter the custodial parent can sign and the non custodial parent isnt the wiser. Because when i had custody of my son i didnt need his father to sign anything for me to get our child's passport

It has nothing to do with individual state laws - unless the applying parent has SOLE custody, both parents are required to give consent.

Special Requirements for Children Under Age 16
 

AkersTile

Member
It has nothing to do with individual state laws - unless the applying parent has SOLE custody, both parents are required to give consent.

Not really sure where to get a passport since I've never gotten one, but does the "passport place" check who has custody or just take parents word on it?Because unless they check the actual court record the parent CP or NCP could say that they have SOLE custody and get it.
 

Proserpina

Senior Member
Not really sure where to get a passport since I've never gotten one, but does the "passport place" check who has custody or just take parents word on it?Because unless they check the actual court record the parent CP or NCP could say that they have SOLE custody and get it.

If you click on the link I provided...it will actually tell you what is needed in order to obtain a passport for a minor child.
 

profmum

Senior Member
Not really sure where to get a passport since I've never gotten one, but does the "passport place" check who has custody or just take parents word on it?Because unless they check the actual court record the parent CP or NCP could say that they have SOLE custody and get it.

Yes they do, they either require a CO showing sole legal custody or a notarized signature on a specific form (forget the name of it) of the parent who is not present at the time. This is US immigration, not the 7-11. Please keep your machinations about getting a child's passport to yourself!
 

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