Asked 4 months ago - Chelmsford, MAFlag
Children are 7&5.
I am sorry to hear about this situation. Even if you are not a citizen, the Probate and Family Court can grant you rights with regard to your children and the marital estate. If you are an abused spouse, you may also petition to get a permanent resident status through the United States Government. You should consult with a qualified family law attorney to provide you further guidance. Good luck.
Immigration status is not a factor for a judge to consider when granting custody. If the parent is trying to hide from immigration because they are not properly in the country, then their behavior of hiding could have an adverse effect on the child and this could affect custody. An example would be not putting the child in school to hide from immigration. However, immigration status alone is not a factor. In fact, it may be illegal for a judge to consider citizenship as a factor in custody.
I agree with my colleagues, so long as you are in the United States legally. If your children are US citizens and your visa has expired for some reason, or you do not have permanent residence status, should you be deported, that would be a reason you would lose custody. Otherwise, there is no immagration based reason for you to lose custody.
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