How an El Paso Family Lawyer Can Help With Non-Citizen Child Custody Issues
Child custody issues can be messy and emotional, something that parents do not want to go through. It’s especially complicated when one or more parents in question aren’t US citizens. Battling through child custody issues is hard enough without throwing language and citizenship obstacles in the way. If you’re a non-citizen and are dealing with this type of issue, our team of El Paso child custody lawyers is here to help.
Need assistance with a non-citizen child custody case? Call us at (915) 532-2333 today to get help from expert El Paso family lawyers.
What Happens When Only One Party is an American Citizen?
Most child custody issues occur when one person in the relationship is an American citizen, and the other is not. When this happens, the court won’t necessarily always side with the person who is an American citizen. It does, however, play a role in their final decision.
If you’re a non-citizen involved in a child custody dispute, your chances of winning are especially bleak if you don’t have a legal marriage with your child’s other parent. Your odds become even worse if you’re a non-citizen and the other parent is an American national or has obtained citizenship. In this situation, a child custody lawyer can better support you and your chances of gaining custody.
Non-citizens don’t have as many rights as American nationals do, which means you may not win custody of your child or be able to obtain monetary support from your spouse. A child custody lawyer can help you to understand your rights as a non-citizen and will work with you to reach the best possible outcome.
How Will the Court Ultimately Make Their Decision
Ultimately, the court will decide who gains custody of the child. They will do this based on several factors.
- Location
Your location versus that of your spouse isn’t the only thing that judges consider when they make their ruling, but it is one of them. For instance, if you’re a non-citizen who has been deported to or lives in another country, but your spouse lives in the United States, that may be an advantage to them.
The judge may feel that the US has more opportunities and provisions than your home country, which means it’s better for the child’s well-being.
- Your Ability to Care for the Child
No matter where you live or how much you love your child, your spouse will likely win custody if you don’t have the means and time to care for your child. This rule applies to citizens and non-citizens alike. The judge will often side with the parent with the most resources and time to care for the child.
- The Well-Being of the Child
The first thing the judge will look at when ruling your child custody case is what’s best for the child. If they feel like the child will thrive the most with you, it doesn’t matter if you’re a non-citizen or a citizen. Your El Paso child custody lawyers will help to best represent you and prove that your child will thrive best with you.
However, proving that the child is better off with you than your former partner is easier said than done. You’ll need to provide legal documents that prove you have a good living situation and enough time and income to care for your child. An El Paso child custody lawyer, especially one who is bilingual and can help with the language barrier, is extremely helpful in these types of legal situations.
Speak to a Top Child Custody Lawyer in El Paso
Just because you aren’t a legal citizen of the United States doesn’t mean you should be threatened with the prospect of losing custody of your children. Non-citizens have just as much right to fight for the well-being of their children as US citizens do, and Rios Parada Law is here to help. Rios Parada Law has some of the best bilingual child custody lawyers in the state, and we’re here to serve residents and non-residents in all child custody situations.
Contact us or call us at (915) 532-2333 to make an appointment with one of our skilled and dedicated family lawyers today!