What are the definitions used in this part?

CFR · 2024-01-01 · US · Title 8

As used in this part the term: (1) For the purpose of the CCA, the Service will presume that a U.S. citizen parent has legal custody of a child, and will recognize that U.S. citizen parent as having lawful authority over the child, absent evidence to the contrary, in the case of: (i) A biological child who currently resides with both natural parents (who are married to each other, living in marital union, and not separated), (ii) A biological child who currently resides with a surviving natural parent (if the other parent is deceased), or (iii) In the case of a biological child born out of wedlock who has been legitimated and currently resides with the natural parent. (2) In the case of an adopted child, a determination that a U.S. citizen parent has legal custody will be based on the existence of a final adoption decree. In the case of a child of divorced or legally separated parents, the Service will find a U.S. citizen parent to have legal custody of a child, for the purpose of the CCA, where there has been an award of primary care, control, and maintenance of a minor child to a parent by a court of law or other appropriate government entity pursuant to the laws of the state or country of residence. The Service will consider a U.S. citizen parent who has been awarded “joint custody,” to have legal custody of a child. There may be other factual circumstances under which the Service will find the U.S. citizen parent to have legal custody for purposes of the CCA.

official document · source cfr-2024 · id 8:§ 322.1