Bagot v. Ashcroft, 398 F.3d 252 (3d Cir. Feb. 11, 2005) (where legal custody of a child 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 persons status under 8 U.S.C. section 1432(a) as to a claim of derivative United States citizenship).