Rico v. Rodriguez

OPINION

By the Court, Gibbons, J.:

In this appeal, we examine whether a district court may consider a parent’s immigration status and its derivative effects as a factor in determining a child’s best interests. Appellant Araceli Perez Rico contends that the district court (1) abused its discretion by granting respondent Jose Rodriguez custody of the children based, in part, upon an erroneous interpretation of a repealed immigration statute; and (2) violated her due process and equal protection rights when it used her immigration status in making the child custody determination. We are not…