Custody and Contradictions: Exploring Immigration Law as Federal Family Law in the Context of Child Custody

Abstract

This article examines possible use of immigration issues in child custody determinations from a traditional family law perspective. It then turns to immigration law to evaluate the actual import of a child custody determinations in immigration law. Building on the family law and immigration law analyses, the article explores the notion of immigration law as family law and family law as immigration law. Looking at immigration law as family law provides a critical perspective to review its capricious treatment of children and the erratic relevance of child custody. Likewise, critiquing the manner in which family law can function as immigration law provides fresh insights regarding the appropriate and limited parameters for the consideration of immigration related issues in child custody matters.

Keywords: immigration, family, children, child custody

JEL Classification: I30, K1, K10, K19, K3, K39, K4