On behalf of Stange Law Firm, PC posted in Child Custody on Wednesday, July 5, 2017.
Since the election of President Trump, many undocumented immigrant parents in Illinois fear that they may be separated from their children if they are found and deported. This has led lots of families to seek legal help with custody paperwork that involves designating other friends or family as caregivers in the event of a separation.
There are a variety of reasons immigrant parents have decided to take this step. Many would prefer their children to remain in the United States, which they see as a country that’s safer and provides them with more opportunities compared to their birth country. Children of undocumented immigrants are also United States citizens by birth, and they would be entitled to remain in the United States even if their parents are deported. Many parents want their children to continue to enjoy the benefits of citizenship.
A variety of obstacles stand in the way of immigrant parents gaining legal protection for their children. For some, finances are a problem, and they cannot afford the legal fees such paperwork requires. Many others are hindered by a lack of connections to people who would be able to care for their children. For many immigrant families, their close friends and relatives are facing the same challenges with legal status and deportation.
Despite the challenges, legal services across the country have experienced a spike in demand from immigrant families. Child custody laws allow a parent to transfer custody to another trusted individual in case something should happen to the parent. This is commonly referred to as a standby guardianship. It allows parents to transfer custody without relinquishing their parental rights and ensures the child does not have to enter the foster care system. The paperwork involving custody and guardianship is often complicated and may require a court hearing.