Divorcing couples who have minor children with their spouse will have to outline a child custody arrangement in a formal court order. Child custody disagreements can often make even the most amicable divorce cases emotionally charged. When trying to navigate these complex legal matters, you might find yourself wondering, “How does child custody work in Nebraska, and how will it affect me?”
In most cases, a divorcing couple will create and establish a parenting plan that will then be included in the final divorce decree. This plan will detail how custody of the children is shared between the parents or how the parents communicate and make decisions regarding their child’s welfare. Because these matters can be complex, a full understanding of the surrounding laws and the knowledge of an Omaha child custody attorney can be invaluable.
Common Types of Child Custody in Nebraska
In the state of Nebraska, there are four main types of child custody that may be petitioned for in court. These custody arrangements may include:
- Physical Custody: A parent granted physical custody of the child has the duty and responsibility regarding the child’s physical residence and is responsible for a significant amount of the parenting time with that child.
- Joint Physical Custody: Parents share mutual physical custody of their children. They have the duty and responsibility to provide the child with a physical residence and are responsible for significant parenting time with that child.
- Legal Custody: A parent granted legal custody is given the responsibility of making important decisions related to their child’s welfare, such as decisions on healthcare and education.
- Joint Legal Custody: In cases of joint legal custody, both parents are given the responsibility for making decisions in relation to their child’s welfare, including healthcare and education.
How the Best Interests of the Child Are Determined in a Nebraska Custody Case
In the state of Nebraska, the courts will determine how child custody works on a case-to-case basis based on what they believe is in the best interest of the child or children involved. In order to determine what custody arrangement is in the child’s best interest, the courts will look at the following factors:
- The relationship each parent has with their minor child prior to the hearing or commencement of any judgment.
- The wishes and desires of the minor child regarding their custody arrangement if that child is at an age where their reasoning is sound.
- The overall health, well-being, and social behavior of the minor child.
- Any credible evidence that may support an accusation of abuse on a family member or other member of the household by one of the parents petitioning for custody.
- Any credible evidence that may support an accusation of abuse toward the child or neglect of that child.
- Any credible evidence that supports an accusation of domestic violence toward an intimate partner.
- The living environment provided by each parent.
- The parent’s moral fitness and ability.
- The willingness of the divorcing couple to cooperate in their parenting plan.
If multiple minor children are involved, each child’s best interest will be taken into account separately. It is also important to keep in mind that because each child custody case is different, the judge’s ruling will be so as well. What might apply in one custody case may have no place in another.
Modifying Child Custody Arrangements in Nebraska
If certain circumstances change related to each parent’s living or material situation, there may be cause to seek modification of the child custody arrangement. In order for the courts to consider allowing a modification, the parent petitioning for the modification must:
- Be able to prove that there has been a change in material circumstances since the parenting plan was originally put in place.
- Be able to show that the proposed modification to the custody arrangement is in the best interest of the child.
- File a new parenting plan that outlines the modification to the custody or parenting time regarding the minor child.
It is important to keep in mind that even if both parents agree on the modification, legal action by the courts will need to be taken in order for the modification to take place.
FAQs
Q: Does a Child Need to Appear in Court for a Child Custody Case in Nebraska?
A: In the state of Nebraska, a child does not need to appear in court during a child custody case in which they are involved. For the most part, this practice is discouraged, as it can lead to unnecessary emotional and mental stress placed on the child. In most cases, children are forbidden from any court proceedings regarding their custody unless given permission.
Q: Do I Have a Right to Know Who My Ex Brings Around My Child?
A: In most cases, you do not have the right to say who can and cannot be around your child unless that individual poses a unique safety threat to your child or unless you have a court order that states otherwise. If you believe someone does pose a threat to the safety of your child, you should inform the courts right away or contact the police if you suspect criminal activity.
Q: What Should You Not Do When Co-Parenting?
A: When co-parenting a child, there are several things you should not do. You should not discuss any child support or custody issues regarding that child in front of them. Likewise, you should not refuse to communicate with your co-parent regarding important decisions about your child because you are feeling angry, hurt, or frustrated toward them.
Q: Is Nebraska a 50/50 Custody State?
A: In the state of Nebraska, courts do not favor one parent over another based on the sex of the parent. Unless there are certain circumstances, the courts may try to award joint 50/50 custody. This allows the child to build equal relationships with both parents and enjoy the stability of having both of their parents involved in their lives.
Contact a Child Custody Attorney From Stange Law Firm
If you find yourself wanting to establish or modify a parenting plan or child custody arrangement, or if you are facing a divorce, it’s time to speak with an experienced child custody attorney who can help you navigate these complex legal matters. Contact Stange Law Firm today to schedule a consultation.
