Immigration status not relevant to custody, appeals court says

Should a mother’s status as an illegal immigrant have any bearing on whether she is entitled to custody of her child? That was the question faced recently by an appeals court in a child custody case watched closely by immigrants’ right advocates in Wisconsin and elsewhere. To the relief of many such advocates, the court concluded that immigration status had no bearing on the issue of custody.

The case involved a young mother who was an undocumented immigrant living in the United States. In 2009, after becoming an unwed mother at the age of 17, the woman moved in with her daughter’s paternal grandparents and continued to live with them until September 2011. At that time, after a fight with the grandmother, the mother moved out and took her daughter with her. This led to a custody battle between the mother and the grandparents.

The custody dispute proceeded to trial, at which the mother’s status as an illegal immigrant was called into question. Basing his decision at least in part on the mother’s immigration status, the trial judge awarded sole custody of the girl to her grandparents. Following an appeal, the court of appeals reversed the lower court decision and returned the girl to the custody of her mother.

A court generally decides child custody disputes by looking at what is in the best interests of the child. While custody may be awarded to a grandparent or someone other than the biological parent, typically there must a showing that the parent seeking custody is an unfit parent or that the child somehow would be in danger in the parent’s care. In this case, with the help of qualified legal counsel, the mother was able to convince the appeals court that her immigration status did not make her an unfit parent or endanger her daughter in any way.

Source: Star Tribune, “Immigration status not a factor in custody battle, Minnesota court says,” Abby Simons, April 8, 2013