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How Does Immigration Status Affect Child Custody?

By Ceylan Pumphrey, Esq. | Last updated on

Divorce is hard enough for anyone to go through, but add having to determine child custody, and it only gets harder. Sometimes parents are able to reach a custody agreement themselves, other times the parents may need to have a judge decide on the child custody arrangements.

If you're an immigrant -- legal or illegal -- you may be concerned that your immigration status will impact a child custody agreement. After all, doesn't it seem likely that a U.S. citizen would be favored over a non-citizen when determining who gets custody? The answer is no -- immigration status is not generally a factor in determining who gets custody.

How Is Child Custody Determined?

Like most legal family matters, child custody is governed by state laws. There are, however, some generally accepted factors in determining child custody. The main factor in determining child custody is considering what's in the "best interests" of the child. This involves many considerations including looking at the mental and physical health of the parents, need for continuation of a stable home environment, and the wishes of the child (when he or she is old enough to capably make this decision).

While the list of considerations for child custody is long, notably absent is immigration status. This is even true in the case of illegal immigrants fighting for child custody. While it may not be a factor in determining child custody, it bears mentioning that a pending deportation or an actual deportation can affect child custody, since it would impact the child's life.

So, while a parent's immigration status doesn't directly factor into deciding who gets custody, there could be indirect effects, particularly if the parent is an illegal immigrant. To resolve child custody issues, contact a child custody lawyer or an immigration lawyer for help.

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