When you come to the United States as an immigrant without any papers, it is always very scary and clouded by uncertainties. It always makes you nervous as there you will always be doubtful about whether you can risk deportation under certain events like when the police need to get involved for something. It is scary enough just for you, but if your child is a US citizen wondering whether you can get their custody will be a big worry. While you do have the right to take your estranged partner to court to attempt to gain custody of your children, it is important to know how to safeguard yourself during the procedure.
Just because you are undocumented, it does not mean that you are not a capable parent.
The United States does not dismiss your parental rights or ability simply because you are undocumented. In fact, even though you are undocumented the law still assumes that you are the custodial parent, and that you are going to be in charge of them even if you are deported. This means in the unfortunate event you are deported your children can come with you regardless of their citizenship status.
Taking your partner to court for custody when you are undocumented:
Often parents tend to be scared out of fighting for the custody of their children by the other one, from the fear of deportation. If they scare you about the fact that they will get the custody due to them having citizenship the court will be more likely to award you custody. Even though these statements are false, there are some things that need to be considered.
When deciding custody, the courts in Utah will always make a decision in favor of what is in the best interest of the child. There is a list of factors that the court will consider when doing this, but immigration status is not included in this list. Unfortunately, that does not leave you out to dry. The judge has the full ability to consider any other factors affecting the custody of the child, where they may take immigration into account.
One of the things to remember that your case will rely on the judge you receive, especially in cases where you have extraneous circumstances like deportation. This is because if the law is not cut and dry around one area then the bias of the judge will come into play.
Contact a Child Custody Lawyer in Utah:
The process of a divorce is traumatizing especially when children are involved and can turn out to be quite a complicated experience in the state of Utah. Which is where a Salt Lake City child custody lawyer that is well versed in Utah child custody law by your side comes into play. Find out your best options for a child custody lawsuit in Utah by contacting The Ault Firm. Call our offices at 801-539-9000 to get a free consultation.