Your Right to Be Heard

• Even if you are in the country illegally, you can still have your day in court. American law does not require you to be a legal resident or citizen in order to seek child custody. Although there may be consequences, including deportation, from going to court, access to the courts is open to everyone.
  
  

Your Right to Seek Custody

• The law does not require you to be a resident, citizen or even in the country legally to be the custodian of your child. Certain other elements of your case are examined closely, however, if you do so, such as whether or not the child or other parent is a legal citizen.
  
  

Your Right to Protect Your Child

• Even when one or more parents is an illegal alien, child custody decisions are based on the best interests of the minor. The court looks at who can best support and care for the child, as well as if the custody-seeker was ever found guilty of child abuse.