In order to avoid having your children enter the child welfare system while you are detained, try to arrange for them to live with a relative or friend. This way, you will have a greater chance of reuniting with your children after your release. However, this may only be possible if you are able to make such arrangements before you are arrested or taken to detention.

This is an example of how to insert anchor links.

1. First, find what the anchor tag is. An easy way is, if you have the special content already set up, to click on the navigation, and find the # tag in the URL in your browser. For example, in this page, you can find these anchor tags by clicking on the navigation:
   1. #having-a-plan-for-your-childrens-care-is-important
   2. #make-a-plan
   3. #get-the-plan-ready
   4. #making-your-own-care-arrangements-for-your-children
2. Add a link to your content, using the anchor tag as the link:
   1. Having a plan
   2. Make a plan
   3. Get the plan ready
   4. Making your own arrangements

These links will effectively work the same as the links in the navigation, allowing the user to jump to different sections of the page. You can use them on any module that accepts links.

• Decide who you want to care for your children if you are picked up by immigration. Make sure that person is willing and able to care for your children, possibly for weeks or months. Relatives are a good choice if they have legal status. 
• Make sure your chosen caregiver(s) know your preferences about schooling, medical care, and whether you want your children to join you in your home country if you are deported.
• Sometimes the arrangements you make can fall through or your caregiver’s situation can change. It is a good idea to identify at least two people, living in two different households, who are willing to care for your children. If you do this, make sure your two caregivers know how to contact each other.
• It is a good idea to choose a caregiver who has legal status in the United States. If you choose a caregiver without legal status, and they are picked up by immigration, your child may be sent to a shelter or to live with a family that you do not know.

If you are arrested, your chosen caregiver(s) will need to make decisions about your children. You can find out more about options for authorizing your chosen caregiver(s) to make decisions about your children in [JUMP LINK TO Making your own care arrangements for your children].

• It may be a good idea to notify your children’s babysitter and school of your chosen caregiver(s) and make sure they know how to contact them if you do not come to pick your children up. You do not have to explain that you are undocumented, but you should tell them that your chosen caregiver(s) is authorized to pick up and care for your children. Be careful! Some schools may ask for your immigration status. If you are concerned about your children’s school, contact an attorney or an immigrant services organization.
• Make sure your child and your chosen caregiver(s) have information that will help them find you if you are detained. Write down your name and any other names you have used, your date of birth and place of birth. Give this information to your chosen caregiver(s) and help your children memorize it, if they are old enough to do so. If you have an A# (immigration number) make sure your chosen caregiver(s) has this number. The ICE online detainee locator system may help them locate you. If you have family or a place you would go to if you are deported, make sure they have this information too.

• Talk your plan over with your children. Make sure your children know who they will live with if you are picked up by immigration and make sure they are comfortable with this person. If your children are old enough, decide together where they will live in the event you are deported.
• Memorize contact information for your chosen caregiver(s) and make sure your children do the same. If you are picked up by immigration, you may not be able to make a phone call or access your cell phone to look up this information.
• Write down names and information for how to contact your chosen caregiver(s) for your children and put it in a place where they can find it, like in their backpack or lunchbox.

• Collect your children’s important documents. If you are detained and deported, you will not have an opportunity to gather this information before you leave.
• Apply for a passport for your children if they do not have one.
• Know where your children’s passport, birth certificate, and social security card are, especially if they are US citizens. Make copies for your chosen caregiver(s) and tell them where they can find the originals.
• Make copies of all your children’s school records, medical records, and vaccination records for yourself and your chosen caregiver(s).
• Consider registering your US children’s birth with your home country. If you are deported, your embassy may be able to assist you in reuniting with your children. However, many governments can only help if you have registered your US citizen children’s birth with them. If you have US citizen children, call your consulate and ask about the process for registering your children. Registering your children with your home country will not affect their US citizenship in any way.

KEY POINTS

• You can arrange for the care and custody of your children (if they are not already in the child welfare system).
• There are three types of arrangements—figure out which one is best for you.

Option One: Informal arrangements without legal papers (no court involved)

Advantages:

• Simple, no court involved 
• You choose who you want to care for your children 
• You keep all your parental rights 
• You can easily reclaim your children when you get out of detention

Disadvantages: 

• The caregiver has no paper to show authorities (like schools or doctors) that they have your permission to make decisions for your children. This is because they do not have “legal authority” — they only have “physical custody.”
• The caregiver will not be able to make decisions for your children about school, medical, special education or disability services.

Option Two: Informal arrangements with legal papers (no court involved)

By preparing and signing a simple legal document that you have notarized, you can attempt to keep all the advantages of the informal arrangement described in Option One, but give a caregiver authority to make certain parental decisions on your behalf. In the legal document, you can delegate or assign some of your parental rights to another person. This document has different titles in different states. You may know it as a power of attorney, an assignment, a letter of designation or a “poder.”

It is important to use the right document for the state where your children are living so that schools, doctors and others would be more likely to accept it. Ask a lawyer, detention center staff or your children’s caregiver for help. If possible, you should either speak with a lawyer first, or review the law in the state where your children are.

Using legal papers to authorize someone to care for your children is a serious step and will give that person legal authority over the care of your children. It is essential that you assign this privilege to someone you trust completely! It is also best to choose someone who is a U.S. citizen or who has legal status. 

Depending on the state, the arrangement may last for six months, 12 months or until canceled by you. 

Advantages: 

• You retain your parental rights, but your chosen caregiver has some authority to care for your children and make decisions about things like education and medical care. 
• If there are any questions about the details of your arrangement, a formal document would give the caregiver some legal support in making sure your plans remain as you’ve requested. 
• It does not require a court. 

Disadvantages: 

• Because this is not a court order, it is possible that some schools, doctors or others might dispute a power of attorney or similar document. This depends on each state’s law. 
• The caregiver will not be able to make any medical decisions, or requests about special education or disability services in school. If the caregiver has to re-enroll your children in another school, he or she may encounter obstacles that are difficult to navigate.

Option Three: Formal Arrangement— Family court-approved custody

If you want an arrangement that gives your chosen caregiver more legal authority over your children, you may want to seek a family court-approved custody (or conservatorship) arrangement. When you make court-approved arrangements, you may have two or three different options: 1) temporary custody (time-limited); 2) custody (also called conservatorship); or 3) guardianship. 

These family court-approved custody arrangements will give the caregiver the right to make decisions for your children, but be aware that they are more difficult to end. You should get advice from a lawyer to decide if this kind of arrangement is the right choice for you. 

We will use the term family court for simplicity. However, the court that is involved in a custody or guardianship matter may be called a guardianship court, a juvenile court, a probate court or something else. 

If you want to consider this kind of arrangement, it is important that you find out about the types of court-approved custody options and the process in the state where your children are living. We strongly advise you to talk with a lawyer if you want to pursue this option. If possible, the lawyer should handle the court proceedings.

Standby Guardian. Some states (New York State, Maryland and the District of Columbia) have passed laws that specifically allow parents who fear being separated from their children by an immigration action to designate a Standby Guardian. A Standby Guardian can assume care of a child if the child’s parent is detained or deported. Like the court-approved custody arrangements, Standby Guardianship gives your chosen caregiver more authority than a Power of Attorney does to make care decisions for your children.

Standby Guardianship only takes effect if you are apprehended by ICE or another triggering event occurs, so you do not have to preemptively and unnecessarily ask a court to give someone else legal authority over your children. 

Standby Guardianship is limited in time, lasting up to 180 days after the triggering event in Maryland, up to 60 days in New York, and up to 90 days in the District of Columbia. It needs to be formalized in court to remain in effect for a longer period of time.

Giving someone custody of your children through a court is a VERY serious step and will give that person legal authority over the care of your children. It is essential that you assign this privilege to someone you trust completely! If possible, you should ask a close relative such as your sister, your brother or your children’s grandparent. It is also best to choose someone who is a U.S. citizen or who has legal status.

If a petition for a family court-approved custody arrangement is filed, the court often conducts an investigation and background check of everyone living in the house. Problems could arise if members of the household are undocumented or have a serious criminal history. Some courts may be unwilling to approve a caregiver who is undocumented.

More permanent custody arrangements may be more difficult to cancel than a temporary arrangement because it requires the court to reverse its earlier decision about custody. The court will make decisions based on the best interests of your children. You will need to work hard to explain why and how you are ready to start parenting again, and why it has become in the best interest of your children to be with you, and not the caregiver.

Advantages: 

• Gives the caregiver authority similar to those that a parent has, and prevents anyone from taking your children away from the caregiver. 
• Caregiver may be a relative or a non-relative. 

Disadvantages: 

• Significantly limits your ability to make your own decisions for your children. 
• Even if you take physical custody of your children, this will not be enough for you to be able to resume full legal rights over your children. 
• Difficult to end the arrangement because it requires court involvement. You have to show that you are able to take back your parental responsibilities. Also takes a lot of time. 
• Difficult to pursue without the help of a lawyer.

Legal Custody

Parents have a legal right to make decisions about their children’s care and how they are brought up. 

Physical Custody

Parents also have a legal right to live with their children. 

However, the government may temporarily or permanently take away a parent’s children if they think their children are not safe with their parents. 

Parents must make sure that their children’s basic needs are met, including food, clothing, shelter, affection, medical care and education, and that the children are protected from harm. Parents are also responsible for financially supporting their children. 

If children enter the child welfare system, parents may temporarily or even permanently lose their parental rights. But there are a lot of things that must happen before parental rights can be taken away. While you are separated from your children, there are steps you can take to exercise your rights and participate in decisions being made about your children’s care.