No parent ever wants to be faced with the possibility of being separated from their children. This is a parent’s worst nightmare. However, if you are in a mixed status family, you must find the courage to appoint a temporary guardian for your children in case you are detained.
The caregiver is a person who can make health care and education decisions for your children. You will also need someone who will be responsible for the financial well-being of the children. You should make these decisions and complete the necessary forms, with the help of an immigration attorney or trusted advisor.
In New York State, there are two alternatives. You can choose any trusted adult regardless of immigration status. You still maintain your parental rights and the arrangement can be cancelled at any time.
Designation of a person in a parental relationship gives a trusted person limited power to make decisions about your child’s education and healthcare. You can prepare the form now and it activates automatically upon detention or deportation. The arrangement is valid for 12 months from activation and can be renewed by signing a new document.
Another option is designation of a standby guardian. With this the caregiver can also approve major medical treatments, such as surgery, and can approve the child’s travel. However, 60 days after activation, the standby guardian must formally apply to a Family or Surrogate Court and be appointed by a judge.