If both parents are in fear of deportation or if you are the only parent, it's important to talk to someone you trust about taking care of your child.
Clearly explain your situation and what you expect from them regarding your child's care, including the financial responsibility associated with caring for your child.
The information below can help you make informed decisions.
A guardian is a person who has been legally appointed by a court to make decisions for a child. They step into the legal role of a parent until the child becomes an adult or a new court order is made.
A caretaker is person who provides temporary care for a child under a direct arrangement with the parents. While the parents can provide written permission for the caretaker to handle specific tasks, this role does not legally replace the parents.
Sometimes a caretaker is referred to as a temporary guardian. The terms used do not determine the type of authority.
The specific forms and processes for assigning guardianship or providing caretaker authorization differ between states. Because guardianship is a legal and formal court process, we strongly recommend consulting an attorney for guidance.
For immediate needs, caretaker authorizations offer a quicker way to ensure your child's safety. In Texas, you can assign another adult as a caretaker by filling out the "Authorization Agreement for Voluntary Adult Caregiver" form. You can find state specific forms here
Make sure that your child's caregiver has all the necessary information including
Child's Identification:
Medical Information:
Educational Information:
Parent/Guardian Information:
Passport
If your child is not a U.S. citizen, please contact your country's consulate for passport information.
If your child is a U.S. citizen, it’s best to prioritize getting a passport for them. Both parents need to be there for the appointment. Print and fill out Form DS-11, which is the application for the passport.
If you are not able to get a passport right away, you can authorize another adult to obtain the passport for your child child by filling out Form DS-3053, the Statement of Consent. You will need this form if one or both parents cannot be available. If both parents are fearing detention or deportation, it might be helpful to fill out three versions of the consent form: two to give each other full authority and one for another person. Make sure to complete Section 4 in front of a notary. Just keep in mind that the signed form is only valid for 90 days.
Travel Forms
If your child is traveling out of the country with a caregiver, the authorization agreement alone will not be sufficient. Airlines require specific forms that clearly state the dates and destination of travel.
If the forms need to be completed after the parent has been deported, you may be able to use online notarization. But, check with the specific airline to ensure that the form includes all necessary information and if they have any special signature verification requirements.
The form must comply with both U.S. regulations and the requirements of the destination country. For instance, Mexico mandates that the form be in Spanish.
We also recommend contacting your country’s consulate to ask about any additional requirements they may have.
El Puente provides a bilingual form in word format for easy edits.
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Disclaimer
Please be advised that the content provided by El Puente - Bridging Hope on this website, in any publications, programs, or events, is for general informational purposes only.
The information shared is not intended to be, and should not be construed as, legal advice or professional advice regarding any specific situation.
It is designed to provide general understanding and education.
You should consult with a qualified attorney or other professional for advice tailored to your individual circumstances. El Puente - Bridging Hope is not acting as your attorney and no attorney-client relationship is formed by your use of our resources.
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