For parents facing the fear of deportation, one of the biggest worries is: Who will take care of my child if I’m no longer here? While no one wants to imagine this situation, having a plan in place can provide peace of mind and ensure your child is cared for by someone you trust.
The Child, Youth & Family Advocacy Project at Public Counsel developed “A Guidebook to Planning for Your Child’s Care” to help parents create a plan for their child’s well-being given our uncertain times. Here’s how you can use it:
Choosing a Caregiver
The first step is deciding who will care for your child if you are detained or deported. This person can be a close friend or family member—someone your child knows and trusts. It’s important to:
- Have an open conversation with the potential caregiver about responsibilities.
- Talk to your child about the plan so they feel safe and prepared.
- Provide the caregiver’s contact information to your child’s school.
Understanding Your Options
When setting up a caregiving plan, families have two main options: an informal caregiver or a formal one. An informal caregiver can look after your child, but can make only limited decisions regarding school and medical care. On the other hand, a formal caregiver, called a legal guardian, can make more medical and educational decisions on your child’s behalf. You should know, though, that appointing a legal guardian for your child will suspend your parental rights and it may not be easy to get them back.
If you want to start with an informal caregiver, you should:
- Talk with the person you would like to serve as a caregiver.
- Fill out a Caregiver’s Affidavit (included in the guide).
If you want to name a legal guardian through the court, you can:
- Talk with the person you would like to serve as legal guardian of your child so they are prepared to petition the court if you become unavailable.
- Fill out a Nomination of Guardian form (included in the guide) that will be filed with the court if and when you become unavailable.
- Instruct the person caring for your child to file a guardianship petition, if you decide you want to transfer legal custodial rights of your child to that person.
Preparing Important Documents
Having key documents ready can make transitions smoother in case of an emergency. Keep these in a safe place:
- Your child’s birth certificate and medical records
- School records and emergency contacts
- Immigration documents and Social Security cards
- Your signed Nomination of Guardian form
Final Thoughts
No parent wants to be separated from their child, but having a plan can help ensure their safety and stability. This guide gives you the tools to prepare now, so if the unexpected happens, your child is protected and cared for by someone you trust. For more details, you can access the full guide here.
