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How custody is awarded in an immigration case

| Nov 2, 2018 | Child Custody Matters |

Roughly 20 percent of children are being raised by an extended family member who is an immigrant, according to a new report. In many cases, aunts, uncles and grandparents are raising children in Georgia because their parents were deported. Therefore, they may face the challenge of raising a minor who is emotionally scarred. They may also face the challenge of raising a child with inadequate financial and other resources.

Some state governments have taken steps to help parents retain custody of their children or otherwise provide for them if the parents are deported. A Maryland law allows parents to name a guardian for their children if they are deported. However, they would still retain control of the children. Furthermore, parents still have control over their children until an event such as a deportation occurs.

Immigrants from Haiti, Nicaragua and Ecuador could face deportation if the Temporary Protected Status program comes to an end. It was created to help those who have experienced hardship in their country because of natural or other disaster. However, the Trump administration believes that those countries are in good enough condition to take their citizens back. Children who were born in the country are generally American citizens and do not face deportation with their parents.

In the event of a parental relocation, courts may award custody to another parent or family member. However, if there is an agreement in place for someone to take custody of a child, that could be legally binding on all parties. An exception might be made if there is reason to believe that it isn’t in the best interests of the child. An attorney may assist interested parties in a custody case involving immigrants.