Living as an illegal immigrant anywhere in the United States comes with several risks.
You could be worried about a couple of possibilities, including what would happen to your child if you were deported and what would happen if you had to sue the other parent for custody. As an illegal immigrant, you have the right to custody of your kids. If you are divorcing or separating from your partner, you also have the right to sue the other parent to try to win custody, and you can help with the same by contacting a sandy child custody attorney.
Unfit Does Not Equal Undocumented
Parents in the United States, even those who are undocumented immigrants, are thought to have a constitutionally guaranteed right to the upbringing of their children. Regardless of your personal legal status, U.S. immigration law presumes that you, as a parent, will maintain custody of your children. In other words, if you were deported, you would be left to decide whether your American-born kid left the country with you. At least, this is the legal assumption made by the majority of immigration officials. They frequently believe that illegal immigrant parents will take their kids with them if they are deported.
Conflicts Over Custody When you Do not have Documentation
They could attempt to convince you that the court will not grant you custody since you do not have documents if you and the other parent are battling for custody, particularly if the other parent has a valid immigration status or is a citizen. Although this is untrue, there are several things you should know if you are an illegal immigrant involved in a custody battle.
You can ask your lawyer to draft legal paperwork for your child’s protection, such as a guardian or power of attorney, if you wish that they be reared in the United States, even if it means being apart from you. Doing this would demonstrate that you are considering the future and making plans for your child’s needs, supporting the notion that you are a suitable parent.
Defending Your Parental Rights
If you are an illegal immigrant, you are well aware of the hazards the legal system poses to you as opposed to a citizen. That makes it even more crucial to have someone looking out for your child and defending your parental rights. You require a family law attorney with experience who is aware of your immigration concerns.