All parents have the legal right to raise and care for their kids, but what happens to these rights when they get deported? The sad fact is that under the current administration’s immigration policies, the United States Immigration and Customs Enforcement Agency is encouraged to carry out countless deportations and arrests of immigrants. How can you make certain that your children will be cared for if you get deported?
Leveraging a Living Will to Ensure Child Custody
If you are deported, the other parent automatically gets custody. However, if the other parent has also been deported, cannot be found, or does not have parental rights, your kids could end up in foster care as “wards of the state.”
An excellent way to safeguard your children is to work with an estate planning and probate attorney in Denver to create a living will stating that you’re leaving your kids’ care to your designated temporary guardian, should you get deported or fall ill.
Note though that your living will is only enforceable while you are alive, which means that you should have a final will and testament that states who will get custody of your kids should you die.
The Power of a Power of Attorney
A power of attorney usually accompanies a living will. It enables a designated guardian to make vital life decision on behalf of a child, which includes decisions on education and healthcare.
It is immensely vital that whomever you choose to take care of your kids has the ability and authority to enroll them in a good school, get medical help whenever required, and provide for the daily needs of your little ones.
Maintaining Constant Communication
The most ideal way to ensure constant communication with your children is by creating a communication schedule. You can include this in a living will, guardianship proceeding, or custody transfer order.
Your schedule must specify the frequency of contact and updates on your kids’ life from your chosen guardian. It should also include the particular ways you want to communicate, through video conference calls for example. In the event that your designated guardian does not follow the schedule, you have the right to choose a new guardian.
Organizing Funds
Unless your rights as a parent have been terminated, you will still be responsible for financially supporting your kids even if you get deported, so you must continue providing financial assistance regardless of where you are.
You could create a living will or trust that will indicate where funds will be coming from and how the guardian must use it for the financial needs of your kids. You could also consider setting up a bank account in the name of your children that the guardian will manage until they reach the age of 18 or until you can come back.
Having a plan in place in case of deportation or something similar will help make sure that your children will be cared for properly until such time that you can do so yourself.
