Family Code 3040(a)
Family code 3040(a) answers this very question. In essence, the immigration status of a parent, legal guardian or relative shall not disqualify that person from receiving custody. This means that if you are the mother and father is threatening you to take custody from you because you are not in the United States legally, this is an empty threat and should be disregarded. In fact, I have often seen judicial officers come down very hard on a parent that brings into question the other parent's legal status.
Things to Consider
However, a unique consideration to keep in mind is the need for a passport for a child to leave the United States and importance of not consenting for such a document without the appropriate safeguards in place that will ensure that your child is returned to the United States.
If you are being threatened by the other parent or fear that your child will be removed from the country without your permission or consent, contact Covina attorney Paul Eads today.