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Immigration Factors in Custody Disputes

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With more than 40% of marriages ending in divorce, Miami natives and other citizens alike agree that custody disputes are of the more difficult aspects of any divorce. The immigration status of the child as well as each parents are likely to be a concern when deciding custody, however it is not typically addressed during custody disputes except for under unique circumstances. Connecting with an attorney that focuses on family law in Miami can help to ease concerns about immigration being a factor, as well as help you to effectively represent your case in front of a judge. In this article, you will learn about the effects that immigration status can have on your custody dispute as well as the criteria that Florida and most other states use to determine custody rights.

How Immigration Status Can Affect Custody Disputes

In most all instances the immigration status of a parent in a custody battle is not taken into account. The rare exception exists if the other parent has been alerted of their imminent deportation. Though even in this case, there is help available for legal and illegal immigrant parents children facing the prospect of being deported. A family lawyer in miami is typically familiar with the resources necessary to prolong your stay in the midst of a custody battle. However, in most cases this will not be necessary as the court system is solely concerned with doing what is in the best interest of the child. Typically, it’s in the best interest of a child to spend high amounts of quality time with each parent, so long as they are deemed to be fit parents.

Criteria The Court Uses To Determine Custody

The courts require specific data and facts to help in determining whether joint or full custody will be granted. While immigration status plays little to no role in this decision, there are other factors that are weighed heavily such as:

  • Each parents wihshes
  • Relationship that the child has with both parents
  • The child’s wishes (if over 14)
  • Ability to provide the child with a safe environment
  • Mentally and physically able to care for a child
  • Ability to provide the child with safe housing
  • Past or present allegations and/or convictions of physical and/or verbal abuse

During the divorce process, both parents may have unreasonable requests. However, when request of sole custody are made, it is imperative that you contact a divorce lawyer in Miami to ensure that you are appropriately represented.

When To Contact a Family Lawyer in Miami

Divorced parents as well as unmarried parents deserve to spend time with their children. This is not only morally true, it is the child’s right to have appropriate time with each parent. If you are in the midst of a custody battle and are worried that your immigration status may be brought up during the proceedings, work with a family lawyer in Miami that is able to thwart these attempts at separating you from your children. Conversely, parents that are concerned about the other parent that is facing potential imminent deportation should also take advantage of the free consultations provided by most attorneys, in order to better understand their rights as well as the rights of their child.

Melissa Thompson writes about a wide range of topics, revealing interesting things we didn’t know before. She is a freelance USA Today producer, and a Technorati contributor.

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