Navigating Immigration and Child Custody Challenges

Imagine facing a custody battle and witnessing a parent being arrested due to immigration status. This is becoming more common, especially under changing immigration policies.

Previously, under the Biden Administration, ICE avoided enforcement in places like schools and courthouses. However, recent policy shifts have reversed these protections, allowing for increased enforcement activities in these areas. This shift has led to a considerable rise in arrests, with specific goals set for daily detentions such as the ICE office in St. Paul aiming for 75 arrests daily.

The impact extends beyond undocumented individuals and affects immigrant families, including children who are U.S.-born. According to the Urban Institute, in 2023, 25% of children in the U.S. have an immigrant parent, and 12% are citizens with a noncitizen parent.

These changes have placed immigrant parents in a challenging position at the intersection of state family laws and federal immigration laws during custody disputes. While state laws govern family issues like custody and parenting time, federal immigration laws can influence these decisions, often prioritizing a parent's legal status when determining a child’s best interests. Aspects such as stability and geography become crucial in custody outcomes.

Deportation significantly complicates custody determinations and parenting time arrangements. If a parent faces deportation, family unity is threatened, and legal decisions regarding custody and parenting time must consider cross-border challenges and the logistics involved in maintaining relationships.

If you are dealing with immigration issues related to custody or parenting time, reach out to us for a free consultation. We can help navigate these complex and sensitive matters.