Can Illegal Citizens Sue for Child Custody?

Child custody laws apply irrespective of a parent's immigrant status.

An illegal immigrant is someone who is not a citizen or legal permanent resident of the United States, and has either not entered the country legally; or who entered legally but whose status as a legal resident has lapsed for one reason or another.

Types of Law

Parental rights can not be dismissed based upon citizenship.

Laws regarding divorce, child custody and child support are issues of state law. Because immigration law is federal law and child support falls under state law, it is possible to award custody of a child to someone who is not a legal resident .

Misconceptions

Though a parent cannot be refused custody due to immigration status, this does not mean the parent cannot be deported. The child may be a United States citizen but the parent in question can opt to bring the child back with them if the parent is deported. This is not considered deportation in the case of the child, but something the parent voluntarily enacts.

Vocabulary

The wording of a law indicates to whom that law specifically applies.

The best way to determine if a law applies to illegal and legal residents alike is the wording. Where a law indicates the word "citizens," this right is guaranteed only to citizens. However, where a resident is indicated by the word "persons," that law applies to all persons found in that jurisdiction, whether legal citizens, permanent residents or illegal immigrants.

References

• Serrano & Serrano Attorneys at Law: Illegal Immigrants
• Corpus Christi Caller-Times: Mother Sues Over Removal of Child