ICE Deportation Weaponized in a Custody Dispute: What This Means for Florida Families
Paolo Zampolli, the modeling agent who introduced Donald Trump to Melania and currently serves as U.S. special representative for commercial affairs, contacted a senior ICE official in early 2025 requesting that his Brazilian ex-girlfriend Amanda Ungaro be detained and deported during their ongoing custody dispute over their teenage son. ICE transferred Ungaro to immigration custody and ultimately removed her to Brazil, effectively separating her from her child mid-litigation. The story, reported by The New Republic and The Daily Beast on March 19-20, 2026, raises urgent questions about whether federal immigration enforcement can be weaponized to win family court cases.
| Key Fact | Detail |
|---|---|
| What happened | Paolo Zampolli contacted a senior ICE official to request detention of his ex-girlfriend Amanda Ungaro during their custody dispute |
| When | Request made in early 2025; story broke March 19-20, 2026 |
| Who is affected | Ungaro (Brazilian national), their teenage son, and by precedent any immigrant parent in a U.S. custody case |
| Where | New York family court jurisdiction; national immigration enforcement implications |
| Key legal issue | Using federal immigration authority to gain advantage in state family court proceedings |
| Outcome | Ungaro was transferred to ICE custody and deported to Brazil, separating her from her child |
Deporting a Parent Mid-Custody Case Undermines the Best-Interest Standard
Every state in the United States, including Florida, decides child custody based on the "best interests of the child" standard. Under Fla. Stat. § 61.13(3), Florida courts evaluate 20 specific factors when creating a parenting plan, and the very first factor listed is "the demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship." Removing a parent from the country by leveraging federal enforcement contacts does not just tilt the playing field — it obliterates it.
The Zampolli case is not technically a Florida matter. The custody dispute appears to involve New York courts. But the legal principle it exposes is universal: if a parent with political connections can call a federal agency and have the other parent physically removed from the jurisdiction, state family courts lose the ability to function. A judge cannot order shared parenting time with a parent who has been deported to Brazil.
Family law practitioners across the country have long warned about this intersection. A 2023 American Bar Association report found that immigration threats are raised in approximately 48% of custody disputes involving at least one non-citizen parent. The Zampolli case may be the most high-profile example of those threats being carried out through direct government contacts rather than through standard immigration enforcement channels.
How Florida Law Handles Immigration Status in Custody Cases
Florida law does not treat a parent's immigration status as a disqualifying factor in custody decisions. Under Fla. Stat. § 61.13(3), the 20 best-interest factors focus on parenting ability, stability, mental health, and the child's needs — not on a parent's citizenship or visa status.
Florida courts have consistently held that immigration status alone cannot determine custody outcomes. The Third District Court of Appeal addressed this directly, finding that a parent's undocumented status does not make them unfit. The reasoning is straightforward: the child's welfare, not a parent's paperwork, controls the analysis.
That said, Florida courts can consider the practical implications of immigration issues under the "stability" factor in Fla. Stat. § 61.13(3)(i), which examines "the geographic viability of the parenting plan." If a parent faces genuine deportation proceedings through normal channels, a court might factor in the logistical reality of international co-parenting. But there is a vast difference between a court weighing legitimate immigration circumstances and a parent engineering those circumstances by calling in favors from federal officials.
Florida also has strong protections against parental misconduct during custody proceedings. Under Fla. Stat. § 61.13(3)(a), courts must consider evidence of "any act of domestic violence, sexual violence, child abuse, child abandonment, or child neglect." While calling ICE on your co-parent may not fit neatly into those statutory categories, Florida courts have broad equitable authority under Fla. Stat. § 61.16 to sanction litigation misconduct. A parent who orchestrates the deportation of a co-parent could face sanctions, attorney fee awards, or adverse custody modifications.
The Hague Convention Adds Another Layer
When a parent is removed to another country during a custody dispute, the Hague Convention on the Civil Aspects of International Child Abduction (ratified by both the United States and Brazil in 1988 and 2000 respectively) becomes relevant. Under the Convention, the wrongful removal of a child from their country of habitual residence triggers a return mechanism.
Here the situation inverts in an unusual way. If the child remains in the United States while the mother is deported, the mother may have grounds to argue under the Hague Convention that she has been wrongfully separated from her child. Brazil, as a signatory nation, could file a Hague petition on Ungaro's behalf. The International Centre for Missing & Exploited Children reports that Hague Convention return applications between the U.S. and Brazil take an average of 6-12 months to resolve — meaning the child could be separated from his mother for up to a year even if the legal system works as intended.
Practical Takeaways for Florida Parents
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Immigration status does not disqualify anyone from custody rights in Florida. Under Fla. Stat. § 61.13, courts evaluate parenting capacity, not citizenship. If someone tells you otherwise, they are wrong about the law.
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Document everything if your co-parent threatens to involve immigration authorities. Florida courts can consider litigation misconduct when modifying parenting plans, and evidence of threats creates a record for judicial review.
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Seek an emergency motion if you face imminent immigration action during a custody case. Under Florida Family Law Rule of Procedure 12.610, courts can issue temporary injunctions to preserve the status quo, including orders that neither parent take actions to interfere with the other's access to the child.
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Consult both a family law attorney and an immigration attorney if you are a non-citizen parent in a custody dispute. These cases sit at the intersection of state and federal law, and a single attorney rarely has expertise in both areas. The Florida Bar Lawyer Referral Service (1-800-342-8011) can help locate attorneys in both practice areas.
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Contact the National Immigrant Women's Advocacy Project (NIWAP) at (202) 274-4457 if you believe immigration enforcement is being weaponized against you in a family matter. NIWAP has documented over 500 cases nationally where immigration threats were used as custody leverage between 2017 and 2025.
Frequently Asked Questions
Can a parent's immigration status affect custody in Florida?
No. Florida courts decide custody based on 20 best-interest factors under Fla. Stat. § 61.13(3), none of which include immigration status. A parent's documented or undocumented status is not a statutory factor in determining parenting time or decision-making responsibility in Florida family courts.
Is it legal to report your co-parent to ICE during a custody case?
Reporting someone to ICE is not itself illegal, but using immigration enforcement as a custody tactic can constitute litigation abuse. Florida courts have equitable authority under Fla. Stat. § 61.16 to sanction misconduct during family proceedings, including awarding attorney fees to the victimized parent. Approximately 48% of custody cases involving a non-citizen parent include some form of immigration-related threat, according to a 2023 ABA report.
What happens to a custody case if one parent is deported from the United States?
The custody case continues in the state court that has jurisdiction. Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), adopted by Florida in 2002 under Fla. Stat. § 61.501-.542, the home state retains jurisdiction even if one parent leaves the country. Courts can arrange for remote testimony and modify parenting plans to accommodate international logistics.
Can a Florida court stop a deportation to protect custody rights?
No. State family courts cannot override federal immigration enforcement. However, under Florida Family Law Rule of Procedure 12.610, a court can issue emergency orders preserving a parent's custody rights and requiring the remaining parent to facilitate contact. Some federal immigration judges have also granted stays of removal when active custody proceedings are pending, though this is discretionary.
How does the Zampolli case affect Florida custody law?
The Zampolli case does not directly change Florida law, but it highlights the vulnerability of immigrant parents in custody disputes. Florida family law attorneys should expect increased judicial scrutiny when one parent's immigration status changes during litigation, particularly if the other parent had any involvement in triggering that change. Courts may treat such conduct as evidence of bad faith under the best-interest analysis.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.