Guardianship Planning for Parents Facing Possible Deportation in Maryland
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For parents who are not U.S. citizens, one of the greatest fears is being separated from their children. Whether you are undocumented, in the process of seeking legal status, or have temporary protection, the possibility of detention or deportation brings constant worry especially if your children are U.S. citizens.
At Holt Legacy Law, we help Maryland families create legal guardianship plans that protect children if their parents are suddenly unable to care for them. Having a plan in place means your children will be raised by the people you choose and not left in the hands of the state or strangers.
What Happens If a Parent Is Detained or Deported Without a Plan?
When both parents are detained or deported and no legal guardian has been appointed, children may be taken into foster care or temporarily placed with Child Protective Services.
Even if relatives come forward, they may not be allowed to make medical, school, or travel decisions right away.
A guardianship or standby guardianship avoids this uncertainty. It gives someone you trust, often a relative who is a U.S. citizen or lawful permanent resident, legal authority to care for your children immediately if you cannot.
Maryland’s Standby Guardianship Option
Maryland law provides a helpful tool for immigrant parents: the Standby Guardianship.
This document lets you choose a person to care for your children if a specific event occurs such as detention, deportation, illness, or death.
Here’s why this is so important for families at risk of deportation:
You keep full parental rights while you are still available.
The standby guardian’s authority only begins when the triggering event (for example, detention or deportation) occurs.
The process can be completed without going to court immediately.
The guardian’s role can later be confirmed by the court to make it official and permanent.
This allows your chosen guardian, such as a grandparent, sibling, or trusted friend, to step in smoothly and lawfully when needed.
Who Can Be a Guardian?
In most cases, you should choose a guardian who:
Is a U.S. citizen or lawful permanent resident,
Has a stable home in Maryland (or another U.S. state where your child can live safely), and
Is someone your child already knows and trusts.
Many families name grandparents, adult siblings, or close friends as guardians. You can also name alternate guardians in case your first choice is unable to serve.
It’s important to talk to your chosen guardian before finalizing documents to make sure they understand what the role means and are willing to take on the responsibility.
How to Make Your Guardianship Legal
To make your guardianship effective under Maryland law, you will need:
A written Standby Guardianship Designation, signed by you and two witnesses.
Clear language identifying the “triggering event,” for example, “if I am detained by immigration authorities” or “if I am deported.”
Information about the guardian, your children, and your relationship to them.
Optional but highly recommended: a Power of Attorney for child care and finances, so your guardian can also manage school and health decisions right away.
Once completed, your guardian should keep a copy of the documents and know how to access your child’s birth certificates, passports, and medical records if needed.
Real-Life Example
We often work with families where one or both parents are undocumented and have children who are U.S. citizens.
For example, a Maryland couple, both without legal status, recently named the wife’s father, a U.S. citizen, as the standby guardian for their young daughter.
If they were ever detained or deported, her grandfather could immediately care for her, make school and medical decisions, and keep her safe until they could reunite or decide on next steps.
This type of planning doesn’t take away parental rights but adds protection for the family.
What Happens If You Don’t Have a Guardianship?
Without a legal plan, the state may need to step in to protect your children, even temporarily.
This can lead to:
Placement in foster care, even if relatives are available
Delays in medical or educational decisions
Court involvement and legal uncertainty
Emotional trauma for the children
By planning now, you can prevent confusion and ensure your children stay with the people who love them most.
How Holt Legacy Law Can Help
At Holt Legacy Law, we understand the fears and challenges immigrant families face, and we approach this work with compassion, discretion, and deep respect for your family’s circumstances.
We can help you:
Draft a Standby Guardianship Designation that meets Maryland’s legal standards
Create a Power of Attorney for child care decisions
Coordinate your plan with your Will or Trust
Explain your rights in both English and Spanish
We believe every parent deserves the peace of mind of knowing their children will be protected no matter what happens tomorrow.
Final Thoughts
You can’t control every circumstance, but you can control what happens to your children if you’re suddenly unable to care for them.
Creating a guardianship plan is an act of love, strength, and responsibility. It ensures your children remain safe, cared for, and connected to their family even in the most difficult situations.
If you or someone you know is worried about what might happen in the event of detention or deportation, contact Holt Legacy Law today. We’re here to help you protect what matters most: your family.
Prefer to speak with someone directly? Call us at (410) 864-6395. We’re happy to help.
