The California Supreme Court has ruled in favor of children seeking asylum, according to a recent news report from August 2018. The court, which overturned rulings from a trial court and an appellate court, issued a ruling that said children who are seeking asylum only have to notify their foreign parent if they plan to reside in the United States.
The ruling from the Supreme Court was unanimous and was provided in a 23-page written report. The case stems from a 10-year-old girl from Honduras who sought asylum in the United States back in 2016. The girl entered the country without an adult and was planning to live with her mother.
The girl filed paperwork with the Los Angeles County Family Court. In those papers she requested to be put under the custody and care of her mother. She also filed a request for special immigrant juvenile status in order to obtain a visa and then apply for her permanent residency in the country.
The girl claimed she wanted to leave the violence of Honduras behind and start a new life with her mother in the United States. Two courts ruled in the case that the girl's father needed to be involved in the decision despite the father never being a presence in the girl's life while in Honduras.
The Supreme Court ruled that the actions of the girl would terminate the rights of the father in absentia and that this was fine so long as the other parent is notified of said action, which the girl originally did in her quest for custody with the mother.
Child custody is a touchy subject no matter your situation. Make sure you know the laws and how to file for custody so your rights are always protected.