PART of the new Trump administration’s agenda is a tougher and more aggressive stance on immigration enforcement. This may be in the form of more detention and deportation of undocumented immigrants. Many of the undocumented immigrants have established families in the United States including minor children. One has to plan in advance what would happen to your minor children if you were detained and/or deported by immigration under the current administration’s policy.
With no parents to take care of your minor US Citizen children, a friend or extended family member would have to Petition for Guardianship in Court in order to obtain the right to take care of your children and make decisions as to their health, education, and welfare in your absence. Filing a Petition for Guardianship will take time and resources which the detained parents may not have. In addition, the Court process of obtaining a temporary guardianship for the children would take time.
If you are at risk of being detained by immigration, you should seriously consider making plans for the care and custody of your children as a contingency plan. There are ways where you can plan in advance to name one or more persons to perform any and all acts necessary for the day-to-day care, custody, education, recreation, and property of your children including any and all medical and dental care decisions. You may also give your designated person the right to travel with your children should the need arise. Planning in advance can avoid the delay and expense of having to open up a Guardianship case in Court. Of course, you may revoke this designation at any time should the need no longer arise.
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Attorney Kenneth Ursua Reyes is a Certified Family Law Specialist. He was President of the Philippine American Bar Association. He is a member of both the Family law section and Immigration law section of the Los Angeles County Bar Association. He has extensive CPA experience prior to law practice. LAW OFFICES OF KENNETH REYES, P.C. is located at 3699 Wilshire Blvd., Suite 747, Los Angeles, CA, 90010. Tel. (213) 388-1611 or e-mail [email protected] or visit our website at Kenreyeslaw.com.
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Please note that this article is not legal advice and is not intended as legal advice. The article is intended to provide only general, non-specific legal information. This article is not intended to cover all the issues related to the topic discussed. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. This article does create any attorney client relationship between you and the Law Offices of Kenneth U. Reyes, P.C. This article is not a solicitation.
