Q: Is immigration status taken into consideration in custody?
My ex is married to his first child’s mother. She won’t help him get papers, and she is the main caregiver for their son. He sees him every other weekend. He has slandered my name and character, In collusion with my vindictive mom. The judge has dismissed anything I say, but without batting an eye believes the screenshots of txt between the two. He doesn’t actually care for my daughter. His intent is clear he wants to have custody to help with immigration status.
A: In California, immigration status is generally not considered directly in determining child custody matters. The primary concern for the court is to ensure the best interest of the child, considering factors such as the health, safety, and welfare of the child, any history of abuse by one parent against the child or other parent, and the nature and amount of contact with both parents. However, if you believe that the other parent is seeking custody for improper reasons, it may be appropriate to present evidence demonstrating that the other parent's custody would not serve the best interest of the child.
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