On Behalf of Palacios Law Group
Naming a guardian ensures that a trusted and responsible individual can care for your children and make important decisions on their behalf in case you are unable to do so. As an immigrant, you might have more concerns than a typical parent when it comes to becoming separated from your children.
If you become incapacitated or must travel far away from your children, you likely want them to continue their lives as normal. By understanding more about these possible circumstances, you can see why it is so important for immigrants to name a guardian for their children as soon as possible.
In case you have to leave the country
The situation might arise that you have to return to your home country for a prolonged period to settle personal affairs. You might even face immigration issues leading to temporary or permanent deportation. You can file a petition with your local Surrogate’s Court or Family Court to receive a letter of guardianship naming your chosen custodian.
In case of unforeseen tragedies
It is a good idea for all parents to name a guardian for their underage children regardless of background or circumstances. Accidents, illnesses and other unforeseen tragedies can strike anyone at any time. Typical estate planning practices allow you to name a guardian of a child as part of a will.
Keep in mind that passing over full guardianship rights immediately is not necessary. You can complete the process in advance and name your chosen individual as a standby guardian who may step up only when circumstances prevent you from making decisions for your children.