Immigration Detention and Child Custody in Nevada: What Families Need to Know

If you are an immigrant parent in Clark County with a custody case, or you are the person a child would stay with, this page explains what actually happens under Nevada law. It sticks to what we can source. Where the answer depends on your facts, we say so.

How many families this touches

The American Immigration Council reports that 4.4 million U.S.-citizen children under 18 lived with at least one undocumented parent, using 2018 data. The same fact sheet counts 6.1 million U.S.-citizen children living with an undocumented family member.

That is the most recent figure the Council publishes for this measure. It is several years old. We are not going to guess at a newer number.

Does immigration status decide custody in Nevada?

No. Nevada law tells the court what to weigh, and immigration status is not on the list.

Under NRS 125C.0035, “the sole consideration of the court is the best interest of the child.” The statute then lists the factors a judge must consider. They include the child’s wishes if the child is old enough, each parent’s willingness to support the child’s relationship with the other parent, the level of conflict between the parents, the parents’ ability to cooperate, the mental and physical health of the parents, the child’s needs, the nature of each parent’s relationship with the child, sibling relationships, any history of abuse or neglect, domestic violence, and abduction.

Immigration status does not appear in that list.

Terminating parental rights is a separate and much higher bar. NRS 128.105 requires the court to find both that termination serves the child’s best interest and that the parent’s conduct meets one of the listed grounds: abandonment, neglect, unfitness, failure of parental adjustment, risk of serious injury to the child, token efforts, abandonment by one parent, or conception by sexual assault.

Deportation and immigration status are not grounds in that statute.

That does not mean detention has no effect on a case. It means the effect comes from what detention does to the practical facts a judge looks at — whether you appear, whether you keep contact with your child, whether you meet court orders — not from your status by itself.

A parent is detained. What happens to the case?

Step 1: Find where the person is

ICE runs a public Online Detainee Locator System. According to ICE’s fact sheet, you search with the person’s full name plus either their alien number (A-number) or date of birth, along with country of birth. The system is available around the clock.

Write the A-number down now if you have it. It makes everything faster later.

Step 2: Tell the family court, in writing

A judge cannot account for something that is not in the file. If a party cannot appear because they are detained, the court needs to know before the hearing date, not after.

Step 3: Ask about appearing remotely

Nevada does have rules for remote appearances in family court. Nevada Supreme Court Rules, Part IX-B governs appearance by telephonic and simultaneous audiovisual transmission in civil and family court proceedings. A remote appearance is defined as a court appearance made using a device with real-time audio and video.

The rules set a notice requirement. A party either states “Simultaneous Audiovisual Transmission Equipment Appearance” on the filed document, or notifies the court and the other parties at least 5 court days before the appearance. Exhibits are due by noon on the court day before.

Important limit: these rules describe how remote appearance works in Nevada courts generally. They are not a guarantee that a detention facility will connect a particular person to a particular hearing. That depends on the facility and on ICE.

Step 4: Know what ICE’s own policy says

ICE issued Directive 11064.4, “Detention and Removal of Alien Parents and Legal Guardians of Minor Children,” on July 2, 2025. It covers people who are primary caretakers of a minor child in the United States, or who have a direct interest in a family or probate court proceeding.

Under that directive, ICE states it will:

• Facilitate participation in family court, child welfare, or guardianship proceedings
• Follow visitation procedures in detention
• Provide access to child welfare services and programs
• Document the detention and removal of covered individuals

Read the limit ICE puts on it, in ICE’s own words: the directive “provides only internal ICE policy guidance, which may be modified, rescinded, or superseded at any time without notice” and creates “no right or benefit, substantive or procedural, enforceable at law.”

The 2025 directive is narrower than the 2022 version it replaced. A comparison published by the Women’s Refugee Commission notes that the 2025 version requires a written request for contact visits where a facility does not otherwise allow them, and that the section on parents’ access to and participation in child welfare services was removed entirely.

The practical takeaway: put requests in writing, keep a copy, and do not assume anything happens automatically.

ICE lists the Detention Reporting and Information Line at 1-888-351-4024 for inquiries, along with local Community Relations Officers and the ERO contact form.

Who cares for the child: two Nevada tools

Short-term guardianship you set up yourself

NRS 159A.205 lets a parent with legal custody appoint a short-term guardian for a minor child without going to court. This is Nevada’s version of a caregiver authorization.

Here is how the statute works:

• It is a written instrument. It must state the date of appointment and the names of the parent, the child, and the guardian.
• Both the parent and the guardian must sign in front of a notary public.
• If the child is 14 or older, the child must consent in writing.
• The term is 6 months, unless the instrument sets a shorter term or an earlier ending event.
• Only one such instrument can be in effect at a time.
• It ends by a written instrument signed by a parent who still has custody, or by any court order appointing a guardian.

There is a major catch. Under the statute, a parent may not appoint a short-term guardian if the child has another parent whose rights are intact, whose location is known, and who is able to make daily decisions for the child — unless that other parent consents in writing.

So in a two-parent case, or an active custody case, this document may not be available to you on your own. That is a question for a lawyer about your specific facts.

Court-appointed guardianship of a minor

The longer route is a guardianship case under NRS Chapter 159A. Under NRS 159A.044, a governmental agency, a nonprofit corporation, or any interested person may petition the court to appoint a guardian. Under NRS 159A.047, the petition and citation must be served on the child if the child is 14 or older, on relatives within the second degree of kinship, on parents or custodians, and on anyone who has care or custody of the child.

Chapter 159A also provides for temporary guardianship. NRS 159A.053 covers a temporary guardian of the person, the estate, or both, with limited powers, notice requirements, and extension rules. NRS 159A.052 covers a temporary guardian where a child needs immediate medical attention.

Guardianship is not the same as adoption and it does not end a parent’s rights. It gives a named adult legal authority to care for the child.

Documents worth having ready now

None of this requires a lawyer to assemble. Keep copies somewhere a trusted person can reach them.

• The parent’s A-number, if there is one — this is what the ICE locator searches on
• Each child’s birth certificate and Social Security card
• Any existing custody order, and the family court case number
• Contact information for the other parent, and for the person who would care for the child
• The child’s school and doctor information, plus any medication list
• Insurance cards and immunization records
• A signed, notarized short-term guardianship instrument, if NRS 159A.205 fits your situation
• Names and numbers for two backup adults

Where to get help in Clark County

• Family Law Self-Help Center — 601 N. Pecos Road, Las Vegas, NV 89155. Phone 702-455-1500, Monday through Friday, 8 a.m. to 4 p.m. Free forms and an automated interview for minor guardianship petitions, consents, citations, annual reports, successor guardians, and termination. Staff give information and forms, not legal advice.
• Legal Aid Center of Southern Nevada — 725 E. Charleston Blvd., Las Vegas, NV 89104. Phone (702) 386-1070. Practice areas listed include family law (divorce, paternity, custody) and guardianship.
• UNLV Immigration Clinic, William S. Boyd School of Law — 702-895-3671. The clinic represents unaccompanied children and detained adults in deportation proceedings. In its own words: “All of our services are free. We never charge a fee.” It also states that capacity is limited and it cannot guarantee help for everyone.
• ICE Detention Reporting and Information Line — 1-888-351-4024.

How the Family Court Help Line can assist

At Family Court Help Line, we help Clark County families understand what the court process looks like before they walk into it. For families in this situation, that usually means:

• Explaining, in plain language, what a guardianship filing involves and where the forms come from
• Pointing you to the free and low-cost legal organizations listed above
• Helping you get your paperwork organized before a hearing
• Connecting you to community support and social services

We are not lawyers and we do not take the place of one. For anything touching immigration status, you need a licensed immigration attorney.

Call Today! (702) 609-3688

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Sources

• American Immigration Council, “U.S. Citizen Children Impacted by Immigration Enforcement” — americanimmigrationcouncil.org
• ICE, “ICE Detained Parents Directive” (Directive 11064.4, July 2, 2025) — ice.gov/detain/parental-interest
• Women’s Refugee Commission, “The 2025 ICE Detained Parents Directive vs. the 2022 Directive” — womensrefugeecommission.org (PDF)
• ICE, “Locating Individuals in Detention” — ice.gov fact sheet; Online Detainee Locator System — locator.ice.gov
• NRS 125C.0035, best interests of the child — leg.state.nv.us
• NRS 128.105, grounds for termination of parental rights — leg.state.nv.us
• NRS Chapter 159A, guardianship of minors (including NRS 159A.044, 159A.047, 159A.052, 159A.053) — leg.state.nv.us
• NRS 159A.205, short-term guardianship appointed by a parent — Justia (Nevada Code)
• Nevada Supreme Court Rules, Part IX-A and Part IX-B, appearance by telephonic and audiovisual transmission — Nevada Legislature Law Library
• Family Law Self-Help Center, Clark County — guardianship forms and contact
• Legal Aid Center of Southern Nevada — lacsn.org
• UNLV Immigration Clinic, William S. Boyd School of Law — law.unlv.edu

Family Court Help Line provides general information, community resources, and referrals. We are not a law firm, and we do not provide legal advice or representation. No attorney-client relationship is created by using this site. Immigration matters are complex — consult a licensed immigration attorney about your situation.