A federal immigration enforcement action has collided with a family court custody dispute in a case that could reshape how Florida courts protect parental rights. According to reporting by the New York Times, former modeling agent Paolo Zampolli allegedly contacted a top ICE official to have Amanda Ungaro, the Brazilian-born mother of his child, detained from a Miami jail and ultimately deported to Brazil during their ongoing custody battle over their young son.
Key Facts
| Detail | Summary |
|---|---|
| What happened | A parent allegedly enlisted ICE to detain and deport the other parent during an active custody dispute |
| When | Reported March 2026 |
| Where | Miami, Florida (family court); federal ICE detention and deportation to Brazil |
| Who is affected | Parents in custody disputes who hold non-citizen immigration status in Florida |
| Key Florida statute | Fla. Stat. § 61.13 (parental responsibility and time-sharing) |
| Practical impact | Raises questions about whether immigration enforcement can be weaponized to gain custody advantages |
Why This Matters Legally
This case exposes a dangerous intersection between federal immigration enforcement and state family court proceedings that Florida judges are not equipped to ignore. When one parent is physically removed from the country during an active custody case, that parent loses the ability to appear in court, participate in mediation, exercise time-sharing, and maintain the parent-child bond that Florida law explicitly protects.
Florida family courts operate under a foundational principle codified in Fla. Stat. § 61.13(2)(c): the court must determine parenting arrangements based on the best interests of the child, and one of the 20 statutory factors is each parent's ability to facilitate a close and continuing relationship between the child and the other parent. A parent who allegedly orchestrates the deportation of the other parent is, by definition, undermining that statutory factor.
The case also implicates Fla. Stat. § 61.13(2)(c)(1), which requires courts to evaluate the demonstrated capacity of each parent to act in accordance with the needs of the child rather than the desires of the parent. Using federal enforcement agencies to remove a co-parent from the country during litigation would fall squarely within conduct a court should scrutinize under this provision.
How Florida Law Handles Parental Rights and Immigration Status
Florida courts cannot deny custody or time-sharing based solely on a parent's immigration status. No provision in Fla. Stat. § 61.13 lists citizenship or immigration status among the 20 best-interest factors judges must weigh. Florida's Fourth District Court of Appeal has recognized that undocumented status alone does not make a parent unfit.
Under Fla. Stat. § 61.45, Florida courts have broad authority to issue injunctions to prevent a party from taking actions that would interfere with custody proceedings. If a Florida judge determined that a parent was actively working to have the other parent deported to gain a litigation advantage, the court could issue emergency orders including temporary sole parental responsibility, restrictions on the child's travel documents, and sanctions against the offending parent.
Florida also has the Uniform Child Custody Jurisdiction and Enforcement Act (Fla. Stat. § 61.501-61.542), which establishes that the child's home state retains jurisdiction over custody matters. Even if a parent is deported, the Florida court that issued or is considering the custody order retains jurisdiction. The deported parent does not lose their legal standing in the case, though their practical ability to participate is severely compromised.
The Hague Convention on International Child Abduction, implemented in the United States through the International Child Abduction Remedies Act (22 U.S.C. § 9001-9011), provides a framework when children are wrongfully removed across international borders. However, it was designed to address parental abduction, not government-initiated deportation, leaving a procedural gap that cases like this one expose.
Practical Takeaways for Florida Parents
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Immigration status does not determine parental fitness under Florida law. Fla. Stat. § 61.13(2)(c) lists 20 best-interest factors, and citizenship is not among them. Courts evaluate parenting ability, stability, and the parent-child relationship.
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Document everything if you believe the other parent is attempting to use your immigration status against you. Florida courts can consider a parent's bad-faith conduct under Fla. Stat. § 61.13(2)(c)(1), and evidence of weaponizing federal agencies could weigh heavily against that parent in custody determinations.
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Seek emergency court orders immediately if you face immigration enforcement during an active custody case. Florida courts can issue temporary injunctions under Fla. Stat. § 61.45 and can designate a temporary custodian to prevent the child from being used as leverage.
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Non-citizen parents in custody disputes should consult both a family law attorney and an immigration attorney simultaneously. The intersection of federal immigration law and state family law requires coordinated legal strategy that a single practitioner rarely covers.
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If you are the parent with greater resources or connections, understand that Florida courts look unfavorably on power imbalances exploited during litigation. Under Fla. Stat. § 61.16, courts can order one party to pay the other's attorney fees specifically to level the playing field.
Frequently Asked Questions
Can a Florida court prevent a parent's deportation?
No. Florida family courts have no jurisdiction over federal immigration enforcement. However, Florida courts can issue emergency custody orders under Fla. Stat. § 61.517 to protect the child's best interests while the immigration matter is resolved, including granting temporary parental responsibility to the remaining parent or a designated family member.
Does deportation automatically end a parent's custody rights in Florida?
Deportation does not terminate parental rights under Florida law. Fla. Stat. § 61.13 does not list physical presence in the United States as a requirement for parental responsibility. A deported parent retains legal standing in the custody case and can participate remotely, though practical barriers to exercising time-sharing are significant.
Can a Florida judge punish a parent who weaponizes immigration enforcement?
Yes. Florida judges have broad discretion under Fla. Stat. § 61.13(2)(c)(1) to evaluate each parent's conduct during litigation. A parent who manipulates federal agencies to gain a custody advantage could face sanctions, adverse custody modifications, and an order to pay the other parent's legal fees under Fla. Stat. § 61.16.
How can a deported parent participate in a Florida custody case?
Florida courts can accommodate remote participation through video conferencing for hearings and mediation sessions. Under Florida Family Law Rule of Procedure 12.451, courts have authority to allow testimony by electronic means. The deported parent should retain Florida counsel immediately to file motions preserving their rights and requesting virtual access to all proceedings.
Should immigration status be disclosed during Florida custody proceedings?
Florida law does not require disclosure of immigration status in custody proceedings. However, if a parent's status is raised by the opposing party, the court must evaluate it only as it relates to the child's best interests under Fla. Stat. § 61.13, not as a standalone disqualifying factor. Consult with both an immigration attorney and a family law attorney before making any disclosures.
If this story raises concerns about your own custody situation, speaking with a Florida family law attorney is the most effective first step. The attorneys listed on divorce.law/florida handle complex custody matters across all 67 Florida counties.
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.