Does immigration status impact child custody?

On Behalf of | Sep 23, 2022 | Immigration Explained

Immigrants who have children in the United States may wonder what’s going to happen if they split up from their child’s other parent. Some may worry that the courts are automatically going to show preferential treatment to a parent who’s a U.S. citizen, but that’s not how the court system works here. 

When it comes to child custody matters, the court is only concerned with what’s in the best interests of the children. The immigration status of the parents usually doesn’t come up in these matters. Whether you’re a documented immigrant, here on asylum or don’t have the proper documentation, you can still fight for the right to raise your children. 

Points that are considered for custody in Ohio

There are several things that the courts in Ohio consider when trying to determine what’s best for the children in a child custody case. These include:

  • The wishes of the child and the parents
  • The stability of the households
  • The physical and mental health of parents and the children
  • The ability of the adults to uphold the parenting time schedule
  • Any presence of abuse or neglect of the child
  • The likelihood of adjustment to school and community

The court can’t consider either parent’s financial status when determining child custody arrangements. The only exception to this is if a parent is behind on child support payments and isn’t making payments to get caught up. 

Anyone who knows they have some immigration challenges pending should ensure they get those taken care of. Working with someone who’s familiar with the immigration system in the United States helps to ensure you know your rights and options.