Holding that in evaluating the child’s best interests, the district court has the discretion to consider a parent’s immigration status to determine its derivative effects on the children. Here, the district court did not abuse its discretion in considering Rico’s immigration status as a factor in awarding Rodriguez custody of M.P. and J.P. pursuant to the best interests of the children. Further, nothing in the record indicates that the district court inappropriately relied on Rico’s alienage in violation of her equal protection or due process rights. Therefore, we affirm the district court’s order.
National Immigrant Women's Advocacy Project