120 P.3d 812 (2005) Araceli Perez RICO, Appellant, v. Jose RODRIGUEZ, Respondent. No. 42925. Supreme Court of Nevada. October 6, 2005. *814 Beckley Singleton, Chtd., and Heidi J. Parry Stern and Daniel F. Polsenberg, Las Vegas, for Appellant. Xavier Gonzales, Las Vegas, for Respondent. Before ROSE, GIBBONS and HARDESTY, JJ. OPINION 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by granting respondent Jose Rodriguez custody of the children based, in part, upon an erroneous interpretation of a repealed immigration statute; and (2) violated her due process and equal protection rights when it used her immigration status in making the child custody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 persuaded that the district court abused its discretion in making its custody determination or that appellant Rico's constitutional rights were violated. Additionally, although the district court improperly considered respondent's erroneous explanation of a repealed immigration statute, this error was harmless. We therefore affirm the district court's order. FACTS Rico and Rodriguez are the unmarried parents of two minor children: M.P., born March 26, 1993; and J.P., born April 25, *815 1995. Rico, M.P., and J.P. are citizens of Mexico. From 1996 to 2003, Rico maintained primary physical custody of the children. In 2003, Rico and the children illegally emigrated from Mexico to Las Vegas. After moving to Las Vegas, M.P. and J.P. telephoned Rodriguez to ask if they could live with him. That summer, Rodriguez filed a petition in district court for determination of paternity, custody, support, and visitation. At the time of the proceedings, Rodriguez was a citizen of Mexico with permanent legal residency in the United States and was living with his wife in the State of Washington. The district court conducted an evidentiary hearing concerning Rodriguez's petition. After hearing the parties' arguments, the district court concluded that it needed more information before making a custodial determination. The district court was mainly concerned with the parties' living conditions and with Rodriguez's interaction with the children. Consequently, the district court issued an order requesting independent studies of Rico's and Rodriguez's living conditions and directing the parties to engage in mediation. In Washington, Mary J. Hatzenbeler, a state social worker, studied Rodriguez's living environment and interviewed the children. Hatzenbeler found that Rodriguez's home was modest but adequate for the children's needs. While interviewing the children, Hatzenbeler discovered that over the past six years, M.P. and J.P. were often placed in their maternal grandmother's care in Mexico. These circumstances required M.P. to assume a parental role for J.P. Further, Hatzenbeler had "serious concerns about the lack of medical attention [for a birth defect] and education provided to [J.P.]." She was primarily concerned with J.P.'s speech impediment, lack of formal education, and inability even to say the alphabet. Overall, she noted that the children were happy and comfortable and that Rodriguez and …
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