Which Parent Has Custody?

Where legal custody has not been determined by decree or statute, the parent having actual uncontested custody is to be regarded as having "legal custody" of the person concerned for purpose of determining that person's immigration status under 8 U.S.C. section 1432(a). Bagot v. Ashcroft, ___F.Supp. 3d.___(3d Cir. 2005), February 11, 2005. http://caselaw.lp.findlaw.com/data2/circs/3rd/042127p.pdf