Why Parenting Plans Matter Even More for Mixed-Status Families Right Now
Let’s talk straight: plenty of families in Nebraska include parents with different immigration statuses. Maybe one parent is a U.S. citizen or lawful permanent resident, and the other isn’t. That’s not uncommon, but with growing concerns about renewed immigration crackdowns, it raises an important question—what happens to the kids if one parent gets detained or deported?
This isn’t about fearmongering. It’s about having a plan.
If you’re co-parenting and one of you is undocumented, having a solid, court-approved parenting plan isn’t just a box to check. It’s one of the strongest protections you can give your kids. A parenting plan isn’t only for divorced or separated parents—but in those cases, Nebraska law (Neb. Rev. Stat. § 43-2923) requires one as part of a custody order. That plan doesn’t just cover routine parenting time. For mixed-status families, it can also include specific provisions that kick in if one parent is suddenly unavailable due to immigration enforcement.
So, what does that look like?
A solid parenting plan can designate the parent with legal immigration status—or another trusted adult—to assume full custody if the undocumented parent is detained or removed. It can also spell out what happens with school pickups, medical decisions, and even whether the child can travel to another country to stay connected with extended family. Judges look at these documents when deciding what’s in the best interests of the child. Having your preferences documented now makes it more likely they’ll be honored later.
What if the parents are still together?
Even if you’re married or cohabitating, it’s still smart to put emergency measures in place. One route is petitioning the court for guardianship. That means naming a trusted adult to step in if a specific trigger occurs, like an ICE detention. While Nebraska doesn’t have a formal “standby guardianship” statute, courts can still grant guardianship with clear conditions. Another option might be a temporary custody arrangement, though this is less common for married couples. These tools provide legal clarity if one or both parents suddenly become unable to care for the child.
Can I just sign over a Power of Attorney?
Not exactly. Powers of attorney and emergency caregiver affidavits can help with short-term logistics—like taking a child to the doctor or picking them up from school. But they don’t hold the same legal weight as a court-ordered custody plan or guardianship. In an actual crisis, Nebraska courts prioritize existing custody orders and guardianship arrangements when deciding who gets to care for a child.
Bottom line? A parenting plan is the strongest foundation you can build.
If you’re at risk of being separated from your child, the court will always prioritize the best interests of the child. And a well-crafted parenting plan shows that you’ve already prioritized that, too. It shows the court exactly who you trust and why, and gives your child the best chance at stability if your family gets thrown into a legal tailspin.
This isn’t about giving up. It’s about showing up—for your kids, and for their future.
If you or your co-parent are navigating the complexities of mixed-status parenting, we’re here to help. Our firm understands the legal tools Nebraska families need to stay prepared, and we’ll walk you through every option to keep your child safe and supported. Reach out today at 402-259-0059 or zach@zandersonlaw.com and let’s put that plan in place.