What Anderson Cooper’s Co-Parenting Story Reminds Us About LGBTQ+ Parenting and Legal Protection in Nebraska
When Family Doesn’t Fit the Traditional Mold
When journalist Anderson Cooper became a father, he shared something that resonated deeply with many LGBTQ+ parents: he would be co-parenting with his ex-partner, Benjamin Maisani. They are not a couple—but they are choosing to raise their child together, with love, commitment, and shared responsibility.
For many in Nebraska, this kind of family structure feels familiar. Whether you’re in a long-term partnership, separated but still co-parenting, or parenting within a chosen family network, the reality is this: love and intention aren’t always enough under Nebraska law. You need legal protection.
Why Legal Parentage Matters in Nebraska
In Nebraska, legal parentage—not emotional connection—controls custody, decision-making, and parenting rights.
You can be an involved and loving parent, but if you’re not recognized as a legal parent, your role can be challenged or denied in court. That risk becomes real in situations like:
Only one LGBTQ+ parent is the biological or legal parent
Co-parents were never married or have since separated
A stepparent, relative, or chosen family member shares parenting duties without legal recognition
Parenting continues after a breakup, with informal or verbal agreements
In these situations, having clear legal documents is essential to preserve your role in a child’s life and avoid unnecessary risk, conflict, or loss.
Legal Tools for LGBTQ+ Families in Nebraska
1. Second-Parent Adoption (Also Called Co-Parent Adoption)
This is the strongest legal step you can take if you are not the biological or legal parent.
Nebraska allows second-parent adoption, which gives the non-biological parent full legal status. This ensures:
Equal rights in custody and decision-making
Inheritance rights
Protection if the biological parent dies or the relationship ends
Without it, your legal connection to your child may not exist in the eyes of the law—regardless of how involved or bonded you are.
2. Parenting Plans for Co-Parents or Former Partners
If you are co-parenting with a current or former partner, a court-approved Parenting Plan protects both your rights and your child’s stability.
Under Neb. Rev. Stat. § 43-2923, Nebraska courts base custody decisions on the child’s best interests, and LGBTQ+ parents have the same rights to seek parenting time or decision-making authority.
Parenting Plans can define:
Legal and physical custody
Week-to-week schedules and holiday rotations
Decision-making roles
Communication, travel, and relocation terms
This is especially important when co-parenting continues after separation or divorce—just like in Anderson Cooper’s family.
3. Legal Guardianship for Chosen Family
In some families, parenting includes chosen caregivers—such as a close friend, grandparent, or relative stepping in for care. In these cases, you may need to pursue legal guardianship.
Guardianship does not grant full legal parent status but does give the authority to:
Enroll a child in school
Make medical decisions
Access benefits or services
Guardianship petitions are filed in Nebraska County Court and require showing that the arrangement serves the child’s best interests.
4. Estate Planning for LGBTQ+ Families
Legal parentage is crucial—but so is planning for the unexpected.
Your estate plan can:
Name a guardian for your child in your Will
Ensure inheritance rights match your actual relationships
Assign medical and financial power of attorney to trusted partners or family members
Reflect your chosen family through trusts, beneficiary designations, and health care directives
Without a plan in place, Nebraska’s default laws will favor biological and legal relationships—and may not honor the family structure you’ve built.
The Takeaway: Legal Protection for the Family You’ve Built
Anderson Cooper’s story highlights something LGBTQ+ families have always known: family is about care, commitment, and community—not just biology or legal marriage.
But Nebraska law still lags in recognizing that truth without formal documentation.
Whether you’re a same-sex couple raising a child, co-parenting with an ex, or building a support system through chosen family, legal clarity gives your family the protection it deserves.
FAQ: LGBTQ+ Parenting and Legal Protections in Nebraska
Is second-parent adoption available in Nebraska?
Yes. Nebraska courts allow second-parent (or co-parent) adoption, even when the adopting parent is not married to the biological parent. This is the gold standard for securing full legal rights.
Can I get custody if I’m not the biological parent?
Only if you are a legal parent through adoption, birth certificate acknowledgment, or court order. Otherwise, you may have no legal standing without a formal agreement or adoption.
Do unmarried LGBTQ+ parents have equal rights?
They can—but only if legal parentage is established. Marriage doesn’t automatically confer parenting rights unless both names are on the birth certificate and/or a legal adoption occurs.
What’s the difference between guardianship and adoption?
Adoption makes you a legal parent with permanent rights.
Guardianship gives you authority over a child’s care but doesn’t create parent status and can be modified or revoked.
Why is estate planning important for LGBTQ+ families?
Because without clear legal documents, Nebraska’s default laws may ignore your chosen family structure. A will, trust, and powers of attorney ensure your wishes are honored.
Ready to Protect Your Family?
Your family deserves dignity, legal recognition, and peace of mind—regardless of how it’s built. Whether you’re parenting with a partner, ex, or chosen family, I’m here to help you put strong legal protections in place.
Call 402-259-0059 or email zach@zandersonlaw.com to schedule a consultation. Let’s make sure the law reflects the love and care your family is built on.