We recommend that any undocumented migrant parent with U.S.-born children strongly consider putting in place the protections afforded by a temporary custody petition that would be filed if the parent(s) is detained or deported. Advance planning is essential for this strategy to work properly. If you are an undocumented migrant parent with U.S.-born children, you should find a suitable permanent resident or U.S. citizen person whom you trust with your children. An order of temporary custody would permit that responsible U.S. person to enroll your children in school, bring them to the doctor, authorize essential medical treatment, et cetera.

At Mentor Law Firm we have assisted undocumented migrant parents with temporary custody of their U.S.-born children. In order for this strategy to work effectively, it is essential that the consent, the Uniform Child Custody Jurisdiction Affidavit and the Petition be completed in advance of the undocumented migrant parent’s detention and/or removal (deportation), since it is very difficult to secure the parent’s consent once he or she is in ICE custody. The temporary custody may be reversed upon a Petition for Reinstatement filed by the natural parent(s).