Immigration status does not affect child custody decisions. Here’s what to know about immigration and how it affects child custody cases.
A parent’s legal citizenship status does not affect whether or not they can retain or obtain custody of their child. Judges are required to protect against any bias due to the citizenship or immigration status in a child custody case. State laws govern child custody decisions and are based on what will create the most stable, healthy, safe situation for the child. The court always has the child’s best interest regardless of their parent’s immigration status.
Legal History
An undocumented spouse or an immigrant is still eligible to receive child support and can request it as part of the agreement. If a spouse returns to their country of origin due to an expired visa or document, the judge considers the best environment for the child, including any financial, medical, educational opportunities.
Related: 10 Tips to Keep Child Custody in California
In Roxel v Granville, the United States Supreme Court held that “The interest of the parent in the kid’s upbringing is of the highest importance. Therefore, a person’s immigration status is never the only factor which is taken into account when deciding whether or not they can get child custody.” The United States has to follow the standard of this case with any child custody case and keep the child’s best interest.
Related: Child Custody FAQs in California
While the court may note a parent’s immigration status, it does not determine child custody. The actions, behaviors, and health of the parents and their relationship with the child are most important when courts decide where a child will have the most stable and healthy environment. A parent moving back to their country of origin may be considered the best situation for the child.
Undocumented Immigrant Status
Parents have a legal right to parent their child, no matter their immigration status. A parent will not be granted child custody solely on their status as a documented immigrant or U.S. citizen. The undocumented parent holds the same rights over the child as the documented parent. A parent must pay child support regardless of their immigration status.
Pending Deportation and Child Custody
The court may take pending deportation into account when awarding child custody or visitation. If the deportation would negatively affect the child’s life, the court may consider this. The court may make a schedule to help a deported parent visit or communicate with their child while working through the immigration process.
Related: 10 Questions to Ask a Child Custody Lawyer
Contact Us
If you or a loved one would like to know more about immigration status and how it affects child custody, get your free consultation with one of our child custody attorneys today!