Immigration Status and Child Custody

There is an interesting case out of the Houston Court of Appeals (1st Dist.) about the effect of a person’s immigration status as it pertains to child custody. In Turrubiartes v. Olevera the Court found that (1) a parent’s immigration status, standing alone, was not probative of a parent’s fitness to be a parent where there was no evidence regarding any detention or immigration-related charge or any pending removal proceeding or that the parent was the subject of any criminal prosecution AND (2) absent evidence showing that it has had a material, adverse effect on the ability to parent, immigration status should not be used as a basis to deny joint managing conservatorship.