If you’re a parent facing deportation, one of your biggest fears may be what happens to your children. Who will care for them if you’re detained? Will your rights as a parent still be protected? These are questions we often hear, and the good news is that you can take steps now to prepare. At Central Justice, we’re here to help you put a plan in place to protect your children and preserve your relationship with them, no matter what happens.
Emergency Custody Plans
One of the most important things you can do is make an emergency custody plan. This gives your child a safe and stable arrangement if you’re detained or removed from the country.
Start by identifying someone you trust, like a relative or close friend, who is willing and able to care for your child. Talk to them about what this role would involve. Then, write down your plan clearly. Include:
- The full name and contact information of the caregiver
- Any instructions related to your child’s care, education, and medical needs
- Your consent for the caregiver to act in your place if needed
It may feel difficult to talk about, especially with your children, but keeping them informed can help ease fear and confusion if something unexpected happens.
Power of Attorney for Minor Children
A power of attorney (POA) is a legal tool that allows another adult to make decisions for your child when you’re not able to. In Florida, this document can cover medical care, school matters, and other day-to-day responsibilities.
Creating a POA doesn’t mean you’re giving up your parental rights. It’s simply a way to make sure someone can act quickly on your child’s behalf. To be valid, the document should be signed, notarized, and kept somewhere accessible.
This document can be limited in time or revoked if your situation changes. It’s often a smart option if you’re concerned about being temporarily separated from your children.
Standby Guardian Designation
If you want to give someone legal authority to take over in the event of your detention or deportation, you can name a standby guardian. This differs from a power of attorney in that it involves more formal steps and can result in full legal custody if necessary.
In Florida, a standby guardian can be appointed through legal documents and sometimes requires court approval. You can set the arrangement to begin only when specific events occur, such as your detention or removal. This gives you more control over the timing and helps ensure that your wishes are followed.
Documentation to Prepare
Whether you’re using a POA, naming a guardian, or making an informal custody plan, you should gather and organize key documents. This will make it easier for your child’s caregiver to act quickly and keep things running smoothly.
Some of the documents to collect include:
- Your child’s birth certificate and Social Security card
- Immigration paperwork for you and your child
- Medical records and vaccination history
- School enrollment forms and contact information
- A list of emergency contacts and any custody documents you’ve created
Keep copies in a folder at home and another with the caregiver. Label everything clearly.
Legal Aid and Community Support
You don’t have to figure this out on your own. There are legal organizations across Florida that help parents prepare for family separation and deportation proceedings. Some provide services at low cost or no cost.
Here are a few places you can turn for help:
- Americans for Immigrant Justice
- Florida Immigrant Coalition
- Catholic Legal Services of Miami
At Central Justice, we also help families prepare custody and care plans that meet legal standards and reflect your wishes.
What to Expect in Court
If child custody becomes an issue during or after deportation proceedings, a family court may get involved. The court will consider what is in your child’s best interest. That includes:
- Emotional ties to you and any caregiver
- School and community connections
- The child’s stability and well-being
It’s important to remember that children born in the U.S. are U.S. citizens and cannot be deported. But if there’s no plan in place, the state could step in. Having legal documents ready reduces that risk and keeps you in control of your child’s future.
Maintaining the Parent-Child Bond Across Borders
If you’re deported, staying in touch with your child is still possible—and very important. Here are some ways to maintain your relationship:
- Schedule regular video calls
- Send letters, drawings, or recordings
- Use social media or messaging apps (if age-appropriate)
- Ask your country’s consulate for help facilitating communication
Even small gestures can help your child feel connected and supported. The more consistent you are, the stronger your bond will remain.
Plan Now to Protect Your Family
Facing deportation is overwhelming, especially when your children are involved. But you don’t have to wait until things fall apart to make a plan. At Central Justice, we help families like yours take meaningful steps to protect what matters most. If you need help preparing custody documents or understanding your options, contact us today to schedule a confidential consultation.
