Immigrant families dealing with family issues in court may face several difficulties. Some of these potential obstacles are discussed below.
Finding an Interpreter and/or a Translator
In some cases, one of the greatest challenges in ensuring the proper care of a child is effective communication with authorities like case workers or a judge. If you do not speak English, it is important to find someone to interpret and/or translate documents.
Some states will provide interpretation and translation services for parents that are dealing with child services or the court system. For example, some California courts will provide interpreters for hearings involving Child Support Services in family law cases. Whether the state provides interpretation and translation services or not, you should consider finding your own interpreter or translator now, so the information is readily available in case an emergency arises. If you are having difficulty finding someone to interpret and/or translate, it may be possible to find an interpreter/translator through a community or religious organization that provides outreach to immigrants.
Finding Legal Service Providers or Other Family Law Advocates
In every state there are organizations that provide free legal services to low‐income individuals, but their eligibility guidelines vary. In addition, immigrants may face barriers in obtaining access to legal and other assistance in some areas of the country. For example, some legal service providers clearly state on their websites and in their promotional materials that they will not help undocumented immigrants due to federal regulatory requirements. However, in some cases, there are exceptions for immigrants who are victims of domestic violence. Accordingly, in approaching a legal service provider, you should ask whether they require proof of legal residence.
In some cities there are organizations that focus specifically on legal issues for immigrants. If you are unable to pay for a lawyer it may be possible to find an attorney or representative through these organizations. Typically, it is not a legal requirement for a parent to have a lawyer during a family court proceeding, but it is strongly recommended to work with a lawyer if possible, especially when weighing your options to protect your children if you are detained or deported.
Unfavorable Immigrant Policies in Custody Hearings
Immigration status may be taken into account when a court is considering the best interests of a child. It is possible that a court will consider a potential guardian’s undocumented immigration status as a factor against the child’s best interests and may refuse to grant custody to that individual. You should be mindful of this problem when determining whom to name as the child’s guardian or who may be seeking custody of the child.