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How immigration status may impact child custody rights

Florida residents and others that have family members that are undocumented may eventually be separated from their loved ones. This may take a toll on children that are separated from their parents. In some cases, children could end up in foster care or otherwise in the custody of another party. While parents may attempt to get their children back, this may be harder to do when living in a detention facility or while out of the country.

Individuals may also have to deal with custody proceedings that are conducted in a language they may not understand. A study conducted in 2011 found that at least 5,000 children of deported aliens were in foster care. Under President Obama, rules were eased to allow parents to return to their communities while putting an increased focus on detaining and deporting criminals. The best interests of a parent were also considered when determining their immigration status.

However, President Trump has decided to deport anyone who is in the country illegally, which may put more children in foster care. If a parent is deported, he or she may lose his or her parental rights either temporarily or on a permanent basis. Parents may prepare themselves and their children by creating a guardianship plan in the event that a deportation occurs.

If a person is considered an illegal alien, the government may be able to remove him or her from the country. This may be true even if that undocumented person has children. Those who are detained or may face deportation back to their country of origin may wish to consult with an attorney. This may make it possible to contest a deportation as well as restore some or all of their parental rights that may have been lost upon being taken into custody.

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