Immigration Status in Custody Cases: What Parents Must Know
What happens when a family court judge cites your immigration status as part of a custody decision — and you never got a real chance to explain it? In September 2026, the North Carolina Court of Appeals remanded the custody case Parente v. Texeira back to the trial court, finding that key findings needed more development. The case is a warning for any immigrant parent in family court: your immigration status can become part of the record, and you need to be prepared to address it.
What if a judge already ruled against you in a custody case — and your immigration status was part of the reason? That is exactly the situation Rodrigo Parente, a Brazilian national living in North Carolina, found himself in after a Mecklenburg County District Court judge modified custody of his daughter, M.P., in April 2025. The North Carolina Court of Appeals issued its decision on September 16, 2026, remanding the case for further findings — but the underlying facts reveal how immigration status can surface in family court in ways that directly affect a parent's rights.
A full breakdown of this topic — in our guide “Appealing to the BIA”.
Fishkin Law Firm, New York
In custody cases involving immigrant parents, courts can and do consider immigration status as part of the "best interest of the child" analysis — particularly if a parent's potential deportation or departure from the country could disrupt the child's life. If you have a pending green card application, TPS, DACA renewal, or any other immigration filing, bring proof of that status to every family court hearing. Appearing pro se in these situations is extremely risky, because statements you make about wanting to return to your home country can be used against you in the custody record. Consult both a family law attorney and an immigration attorney before your next court date.
Frequently Asked Questions
Can a family court judge use my immigration status against me in a custody case?
Yes. Family court judges decide custody based on the 'best interest of the child,' and they have wide discretion over what they consider relevant. If your status is uncertain or you are in removal proceedings, a judge may treat that as a risk to the child's stability. The Parente v. Texeira case from North Carolina is one example of this happening.
What should I do if I appeared in family court without a lawyer and the judge made findings about my immigration status?
You may be able to appeal the order or request a modification. In North Carolina, you generally have 30 days from the entry of the order to file a notice of appeal. Contact a family law attorney as soon as possible. If you also have immigration concerns, you need an immigration lawyer involved as well.
If I am in removal proceedings, can I still fight for custody of my child?
Yes. Being in removal proceedings does not automatically end your parental rights or your right to seek custody. However, you must be proactive: inform your family law attorney about your immigration case, and make sure your immigration lawyer knows about the custody proceedings. The two cases can affect each other.
What does it mean when an appeals court 'remands' a custody case?
A remand means the appeals court is sending the case back to the trial court — not to start over completely, but to fix specific problems. In Parente v. Texeira, the North Carolina Court of Appeals found that the trial court needed to develop further findings before its order could stand. It does not mean the father automatically gets more custody; it means the lower court must do more work on the record.