Appellate decision · Nebraska · Custody · Best interests · Parentage · Family procedure
Nebraska appeals court directs renewed findings in custody case involving special immigrant juvenile status
The appeals court affirmed the finding that abandonment was not established, but vacated the remaining special immigrant juvenile findings and remanded on the existing record.
Published November 3, 2026 · Reviewed by David Martino
In a paternity and custody proceeding, the district court awarded the mother sole custody and separately considered findings that could allow the children to petition for special immigrant juvenile status. The Court of Appeals affirmed the finding that abandonment was not established, vacated the remaining order, and directed further findings on the existing record. The court said the best-interests inquiry should consider factors routinely used in custody and removal determinations to the extent supported by that record. It did not itself decide that the evidence supported the other requested findings. State findings are part of the federal SIJ process; the decision does not grant federal immigration status.