People from different countries and backgrounds may fall in love and marry. They may start a family together while one spouse is still technically a citizen of another country. Other times, both spouses may be from the same country of origin. However, one spouse goes farther with the immigration process than the other initially. They may pursue their green card or citizenship while their spouse has only a visa. Such arrangements are not inherently problematic, but they can lead to complications in certain scenarios.
For example, if the marital relationship ends, the non-citizen spouse may have questions about their rights and protections. They may worry that they won’t receive fair consideration from the courts if they want shared custody of their children or that they won’t be eligible for child support. What typically happens during family law issues in mixed-status households?
Immigration status does not determine parental rights
Contrary to what people sometimes believe, an individual’s immigration status does not have any direct varying on their rights in family court. The Constitution extends the same basic legal rights and protections to everyone in the United States regardless of their citizenship. Parents in Tennessee have the right to pursue shared custody, including parenting time and legal authority over their children.
The courts can implement a temporary custody order when parents separate or one files for divorce and a permanent one at the end of the process. A parent in a mixed-status household in Tennessee can ask for shared parental rights. They can ask for an equal share of parenting time and decision-making authority.
If one parent has more time with their children than their citizen spouse, they can also potentially receive such child support. It may even be possible in some cases for the non-citizen spouse to move forward with changing their immigration status as their marital situation evolves.
Those who enter the United States because of a spouse or who do not share the same immigration status as their spouses often need assistance when navigating family law matters, including child custody cases. Understanding the rights extended to immigrants of all standings under federal law can help people feel more confident about asserting their parental rights despite their lack of citizenship.