If you are an immigrant in the United States and you are detained by the police or immigration authorities, it is natural to be concerned about the welfare of your children, but what does the law say?
The following are key aspects of how the law addresses child custody in such situations and what steps you can take to protect your family in one of these cases that could arise.
Can my children be taken away from me if I am arrested?
Detention by immigration authorities does not automatically result in the loss of custody of your children.
However, if preventive measures are not taken, there is a risk that minors may be taken into state custody or placed in foster care.
The law in the United States prioritizes the “best interests of the child,” so custody decisions are based on factors such as the child’s safety, stability and well-being.
Common reasons for losing custody
Courts may consider loss of custody in cases of:
Abuse or neglect of the minor.
Serious untreated mental health problems.
Addictions that affect the ability to care.
Inability to provide a stable environment.
Violation of court orders related to custody.
It is important to note that immigration status alone is not a reason for losing custody, but it can have an impact if it affects the ability to adequately care for the child.
Preventive measures to protect your children
To safeguard the custody of your children in case of arrest:
Appoint a legal guardian: Legally establish a trusted person who can take care of your children if you are detained.
Prepare legal documentation: Use powers of attorney or temporary guardianship agreements to formalize the appointment of the guardian.
Inform your children: Depending on their age, explain to them in an appropriate manner the steps to follow in case of an emergency.
Keep copies of important documents: Keep copies of birth certificates, passports and any relevant legal documents in a safe and accessible place for the designated guardian.
La situación legal de una persona detenida por la policía puede variar dependiendo del arresto
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Remedies available under the law
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There are organizations and programs that offer assistance to immigrant parents:
Office of Refugee Resettlement (ORR): Provides information on the whereabouts of children in its custody.
American Civil Liberties Union (ACLU): Offers legal advice in family separation cases.
Protect Your Children Campaign: Provides guidance on how to establish temporary legal guardianships to prevent family separation.
Detention does not automatically mean the loss of custody of your children, but it is essential to take preventive measures to protect their well-being.
Establishing legal guardianships, preparing proper documentation and seeking legal advice are fundamental steps to ensure that your children are cared for and safe in the event of an eventuality.
Find out more at QuéOnnda.com.
