Expert: Michael Troy - 4/21/2009

Question
why do people that are here illegally have the right to use our court system? shouldnt that be for us citizens? why can my grandsons father take us to court for ANYTHING? esp visitation when he is constantly a flight risk due to his status.....at any  time he could leave the usa and take our gs with  him....i just dont understand our courts....thank you for any insight you can give me

Answer
Hi Pam,

Any person who has an issue for which a US court has jurisdiction has the right to use the court system.  Even foreigners not in this country who have an issue for which a US court has jurisdiction may use the courts.  Similarly, US citizens may use foreign courts if they have business in those countries.  Access to courts does not require citizenship.  That has been the norm for all courts all over the world for centuries.

That said, the fact that he has the right to petition the courts does not mean he will prevail.  If the court believes he would unlawfully remove the child from this country, it would deny unsupervised visitation.  The court will balance that risk against the right of the father to see his children.  A court considers that extremely important, so unless there is an actual risk of such a kidnapping, not just a potential, a court will allow a father to spend time with his own children.

Sorry if this is not the answer you wanted, but I hope it helps you understand the situation.

- Mike