Child custody is complicated no matter the circumstances of a parent’s particular case. Not only are custody battles complex, but they are often stressful times for everyone involved. However, the stress and complexity of a child custody case can each take on new dimensions when one parent is not a U.S. citizen. A San Jose child custody attorney can help explain what options you have today.
Types of Custody Available for Non-Citizen and Citizens Alike
Even though one of the parents is not a U.S. citizen, they will be given a fair chance at gaining custody rights over their American citizen child or baby. The custody decision may be one of the following:
- Sole legal custody;
- Joint legal custody;
- Joint physical custody;
- Visitation rights; or
- No custody or visitation rights.
California courts will always choose a living situation and custody arrangement that is in the best interests of the child. This remains true even when one parent is not a U.S. citizen. As such, it is important to understand this vital question: “what are the best interests of your child?” The court will analyze the following factors (and more) to come up with a decision:...