My blog is not a place for me to “get political.” As such, I am not going to delve into the political issues that are involved with this topic. In the last month or so, though, I have had several people ask me what they can do now to make sure their (U.S. citizen) child will be taken care of in case they get taken into custody or deported.
Regardless of how you feel about it, there are parents of children here in the United States who are considered to be here illegally (“undocumented”). They may, however, have children who are citizens of the United States. If these parents end up being taken into custody or deported, who will take care of their children?
In Minnesota, parents can sign a legal document called a “Delegation of Parental Authority” that designates other people to act as the parent(s) for their child in case they are not available to parent their child. A Delegation of Parental Authority is only good for one year, so it is something that you need to redo each year. There are different ways that a Delegation of Parental Authority can be drafted – depending on the situation, the parents, and the child.
I also recommend that parents in this situation consult with an immigration attorney to see if there are any options for them to gain legal status so they do not have to be worried about being separated from their children.
Elizabeth Rosar Chermack is a Dakota County Family Law Attorney, and can assist you in drafting a Delegation of Parental Authority. Call (952) 491-0390 or send an email to email@example.com to schedule a consultation with her.
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