Custody of Children in Mixed-Status Families: Preventing the Misunderstanding and Misuse of Immigration Status in State-Court Custody Proceedings

This article is  from Family Law Quarterly, Vol. 47. No. 2 (Summer 2013). It is designed to provide accurate information about current immigration laws and policies to family court judges and attorneys representing immigrant parents, to counter efforts by litigants in family court to raise immigration status of an opposing parent to gain advantage in a custody proceeding. A key goal of this article is to give courts and parties the information needed to keep the focus of the court’s decision making in custody cases on statutorily required factors—best interests of the child and primary caretaker determinations.

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