Create a legal guardianship plan tailored to your immigration status so your children are protected by a trusted adult.
Detention, deportation, visa issues, illness, or death can leave the children of immigrants without immediate parental care. Whether you are in the U.S. on a visa, a legal resident with a green card, or an undocumented immigrant, you benefit from establishing a legal guardianship plan.
Appointing a guardian in advance ensures your children are cared for by someone you choose and trust. The legal guardianship and immigration attorneys associated with Lake Legal Services can help you understand your legal options and create a guardianship plan based on your particular situation. Call today for a confidential consultation.
A legal guardianship is a formal arrangement that gives another adult permission to care for your children if you are absent, incapacitated, or otherwise unable. You can name:
Temporary guardianship typically lasts up to one year. If your children require a caretaker beyond that time, you must appoint a permanent (plenary) guardian. Permanent guardianship grants primary caretaker responsibilities to the guardian until the child reaches the age of majority. If you wish to rescind permanent guardianship, you must file a petition with the court.
The appointed guardian does not typically require court approval for a temporary guardianship since you will maintain parental rights and intend to return. For permanent guardianship, the family court in the children’s place of residence will review the guardian’s qualifications to ensure they meet the following legal requirements:
Every situation is unique, and every state has different requirements, so your legal guardianship documents should be tailored to fit your situation. Speak with a guardianship attorney to learn which type of guardianship will best protect your children if you become unavailable.
As an immigrant parent, you may face unique circumstances related to your legal status and that of your children. You can designate a legal guardian for your children even if you are an undocumented immigrant. While the person you choose does not have to be a U.S. citizen, you should choose someone with legal immigration status, if possible.
When considering who to appoint as your child’s legal guardian, it is important to:
Once you have established guardianship, keep your documents updated, especially during changes in immigration status or family circumstances. Outdated or incorrect documents may prolong guardianship proceedings.
In some cases, inadequate or incorrect guardianship documentation could leave your child in the custody of the state or foster care. Consider consulting with a legal guardianship and immigration attorney any time your immigration or family conditions change.
Immigration and legal guardianship laws and processes are often complex and confusing. Here, we answer some of the most common questions we receive from immigrants who are concerned with their children’s guardianship options.
Typically, you can choose any trusted person as a guardian as long as they are:
Many parents choose family members such as an older sibling, aunt, uncle, or grandparent who live nearby. You may also opt for a family friend you and your child know and trust. The most important thing is to have a responsible guardian you know will look out for your children’s best interests.
Guardianship requirements can vary between states and jurisdictions, so it is best to consult with a lawyer in your area before you begin the guardianship planning process.
The guardian does not have to live in the same state. However, it is often easier to establish guardianship with a person who lives in the same state, city, or school district as the family. Depending on the state, the court may require additional documentation or proof that the guardian is appropriate before allowing the children to relocate.
In addition to the legal complications, moving your child to a different location can add to the stress they experience during the transition. If you have the option of selecting a nearby guardian, it could be easier for the courts and your children.
Short-term guardianship does not typically require court involvement. The court will be involved in permanent, or plenary, guardianship, even if you name a guardian. If you become incapacitated through illness, deportation, detention, or death, the appointed permanent guardian will usually still be vetted by the court to establish that they qualify. States and jurisdictions may handle the process differently, and the results may depend on your legal status and the status of your appointed guardian.
If the court deems your choice of guardian inappropriate, they may assign another close relative or friend of the family. It is wise to have additional potential guardians documented just in case your primary choice refuses or is found incapable. If you do not have any guardians deemed appropriate, the court may remand the child to state custody or foster care.
You can change your guardianship choices later, but it is more difficult to do so if the guardianship is already in place – for example, if you have already been deported. To avoid unnecessary complications, regularly update your guardianship documents, especially if your immigration status or family situation changes.
Guardianship planning can be part of your estate plan. It is wise for immigrants to have a full estate plan established to manage their property and asset distribution as well as their children’s guardianship in the event of deportation, detention, or incapacity. An estate planning lawyer for immigrants can help you identify the best tools for your estate plan, which may include guardianship documentation, powers of attorney, trusts, and wills.
A well-established legal guardianship plan is crucial for immigrant families with children in the U.S. At Lake Legal Services, we understand that your child’s safety is your priority. We can help you connect with associated guardianship and immigration attorneys familiar with your state and local laws and procedures.
The associated attorneys with Lake Legal Services know how your unique situation can affect your child’s guardianship. A lawyer can create a guardianship plan specifically tailored to your immigration status and needs. They will ensure that you have sufficient legal documentation to cover all potential situations so your children will have the support of trusted adults if you are detained, deported, fall ill, or pass away.
While advance preparation is ideal when establishing guardianship for your children, we know that emergency situations often arise. If you require quick, confidential assistance establishing guardianship documents for your children, Lake Legal Services’ associated immigrant guardianship attorneys can help you create and execute a plan right away.
Language and cultural barriers can create serious complications for immigrants seeking to protect their children. We understand that cross-cultural communication can be crucial for establishing a safe haven for your children, whether it is in the U.S. or another country. Lake Legal Services can connect you with attorneys who are fluent in your language and familiar with critical social nuances to make the process easier and more accessible.
Guardianship documents can work alongside your will, trust, and powers of attorney for full protection. A comprehensive estate plan can help you protect your family and ensure they have access to the resources they need if you become incapacitated or unavailable. Our associated estate planning attorneys work with immigrants in many states and legal statuses to help secure their families and provide for their children’s futures.
Contact Lake Legal Services today for a confidential consultation about setting up legal guardianship. We will review your situation and help you connect with a knowledgeable attorney in your area who can draw up documents tailored to your particular needs.
Whether you are an undocumented immigrant, a visa holder, or a legal resident with a green card, you can benefit from making a guardianship plan to protect your children in the event of deportation, detainment, or other adverse events.
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