This or similar question pops up from time to time manifold phraseology here on AVVO. The answer is still the same as always, your immigration status should have little influence business in a family law court room.
NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: email@example.com; Phone: (866) 456-8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
Custody issues are resolved with the children's best interest in mind. The question is not who is "more legal" in terms of the immigration status. Considering his criminal record (if true) his chances of being awarded custody of the children are zero. He should be lucky to get supervised visitation rights. Don't worry. Can he abduct the children abroad? I doubt it.
Usually the court does not enter into issues in relation to immigration. However, if you are in danger of being deported, the court may take this into consideration in making its decision concerning the best situation for the children.
The domestic violence issue is much more pressing than your immigration status.
Hope this helps.
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I agree with the other attorneys who have commented on this matter - namely that the best interest of the child standard will be applied and that immigration status alone should not have significant influence on what the court determines is in the children's best interests here. I would add, however, that I would hope that the mother involved in this matter has a skilled family law attorney helping her in family court.