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Does immigration status matter in child custody cases?

by | Apr 16, 2020 | Family Law |

Any parent who is splitting up with their child’s other parent is likely going to worry about how the child custody case is going to go. If you are an immigrant, especially if you are undocumented, you may be concerned about how this is going to impact the decisions about the children. In short, your immigration status probably isn’t going to matter when it comes to the custody matters.

One of the main factors that the court considers in child custody cases is what is best for the children. They are going to determine what arrangement gives the kids the most stable environment. Typically, children should know both parents and be able to build meaningful relationships with them. This is likely not impacted at all by the immigration status of either parent.

It is possible that a pending deportation may affect the court’s decision. This doesn’t necessarily mean that you won’t be able to see your child. Instead, the court may award visitation and make plans for you to continue being able to communicate with your child after the deportation occurs. Having these plans in place may help you feel better as you work through the immigration and custody issues.

You should find out your rights and options for these cases. This gives you a chance to determine what steps you want to take in your fight for parenting rights. There isn’t any reason why you can’t have a good relationship with your children just because you don’t have the documentation you need to live in the United States.