Father Seeking Custody

[PhoenixTeacher]

Hi all. I am new to this site. I am actually writing for my friend. He has an 18 month old son that he wants to have joint custody of, but his situation is, of course, very complicated. I was hoping I could find some advice for what his options are. Here is the deal: He was with his ex-girlfriend for 5 years, but they never married. They had a son in their 5th year together and separated shortly after. Since their son was about 6 months old, she has had him and he gets to take him for the day every Sundays. This arragement was mostly because his construction job schedule did not fit the hours of dropping off and picking up at the daycare to permit him to keep his son overnight during the week. So, for the past 12 months he has been paying about $150.00/week in child support to his ex-girlfriend and seeing his son every Sunday. They never went to court to decide on this arrangement, it was amicable and he pays the child support through Child Support Services in Arizona so it is documented. Recently, however, he got a new job that will permit him to see his son much more often. He would like to have a larger role in his son's life, and wants joint custody so he can be with his son every other week or weekends and holidays, etc. He tried to talk to his ex about this and she said "No Way!" and ignorantly told him "you won't take my baby away from me," not realizing of course that having two loving, present parents is better for children than having only one. I told him to go to court to file for joint custody, but he is not sure how or if this is possible. Here are the facts:
-He is an illegal alien from Mexico
-They were never married
-Both are physically and emotionally (as well as can be expected sometimes) fit to care for the child, but neither makes very much money.
-He cannot afford a lawyer
Does he have a chance to get any type of custody through the courts, especially being an illegal alien? I don't know much about that part or his situation, but I suspect it makes things more complicated. He would appreciate any advice, he came to me thinking I might know what to do and I didn't know what to tell him. Thank you!!
~Angie

[Ref]

For the most part this is cut and dry, the only wrinkle is the illegal alien thing.

The message board to go on on this page is Dear Socreteaser.


Best wishes
ref