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Intro text TK from Zain

If your children are with a relative or friend and no court was involved in deciding who would care for them, you have full parental rights and can collect them as soon as you wish.

If you gave the caregiver a signed legal paper (like a power of attorney) giving him or her your permission to care for your children, you should now give this person a signed and notarized letter stating that you cancel the arrangement.

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If your children are in a family court-approved custody arrangement (but not in the child welfare system), you should ask the family court to return your children to you. Ending this kind of arrangement can be just as complicated as starting one, and you have the best chance of success if you have a lawyer’s help.

In deciding whether or not to end a family court-approved legal custody arrangement, the court will look very carefully at your situation. You will need to convince the judge that you are fully prepared to take care of your children, that the reasons for the legal custody arrangement are now completely resolved, and that it is now in your children’s best interest to be with you instead of the caregiver.

Remember that until the court ends the arrangement, you cannot make any decisions for your children. If you take them without the permission of the caregiver or the court, you could be arrested for kidnapping.

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If your children are in the child welfare system, you must ask the family court to return custody to you. There is no guarantee that the court will grant your request, but it is possible (especially if you have been working hard to show you want to be involved in your children’s lives).

If your case plan is still active, your family lawyer and the child welfare caseworker can help you work towards reunification with your children. If you were not given a case plan, or services have been ended, it is even more important that you have a lawyer to help you. As long as your parental rights have not been terminated, you can still work toward getting your children back.

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If you were separated from your children at the border, you may have the right to reunite with your children if the government’s reason for separating you no longer applies or you are released from detention. Ask your Deportation Officer, call the ICE Detention Reporting and Information Line (DRIL) at 888-351-4024 (9116# from detention), or search for the form “Notice of Potential Rights for Certain Detained Noncitizen Parents or Legal Guardians Separated from Their Minor Children.” For help or questions, you may contact the American Civil Liberties Union (ACLU) at 646-905-8892 or familyseparation@aclu.org.

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Or, go to next section, If You Are Being Deported