If you're in this country illegally, new laws regarding illegal immigration put you at risk for deportation. If you have minor children, the new laws put them at risk as well – even if they were born in the United States. Unfortunately, if you're detained, your minor children could be placed into the foster care system, especially if you haven't implemented a plan for them. If you're at risk for detainment and deportation, here are four steps you need to take to protect your children.
Seek Legal Advice
When it comes to your immigration status, you'll need to work with an immigration attorney. However, to make sure that your children are protected should you be detained, you need to seek legal advice from a family attorney. They can make sure that your children are protected, whether they were born in the United States or not.
Assign a Temporary Guardian
If you're at risk for detainment due to your immigration status, you need to assign a temporary guardian for your children. Without a temporary guardian, your children will be placed in the care and custody of the foster care system. Unfortunately, once they're in the system it will be difficult for you to get them back out, especially if they're moved to another state. If you assign a temporary guardian for your children, they can step in and take custody as soon as you're detained.
Arrange a Custody Transfer
If it appears that you'll be deported, and you want your children to remain in the United States, it's important that you talk to a family law attorney to arrange a custody transfer. A custody transfer officially places your children under the care and custody of another person. Once that happens, your children will be able to remain in the United States, whether you're deported or not.
Make Copies of Important Documents
Whether you're going to assign a temporary guardian for your children, or you're going to arrange a custody transfer, you need to make copies of all their important documents. Once your children are placed in the care of another person, they'll need things like vaccination records, birth certificates, as well as school and medical records. Put those documents into a file and give them to the person who will be caring for your children. That way they will have all the necessary documents for your children should you be detained or deported.