Omaha Child Custody Lawyer
There are many aspects of divorce that are stressful. However, for most parents, the most stressful part of a divorce is developing a child custody agreement. Not only do most parents not want to give up time with their children, but they are also afraid of how child custody and visitation could affect their children’s wellbeing.
Omaha family law takes child custody cases extremely seriously. The court is very concerned with the health and wellbeing of the children involved. Because of this, the court takes extra steps to make sure that the child custody agreement suits the needs of the children.
If you are fighting for custody, it is important to make sure that the court hears your side of the story. To do this, you must hire a family law attorney to represent you. Our team at Stange Law Firm, PC, is here to help.
Stange Law Firm, PC: Your Nebraska Child Custody Lawyers
Our team at Stange Law Firm, PC, of Omaha is passionate about family law. We know how important family is to most people, and we work diligently to protect yours during major changes like divorce and child custody negotiations. Our child custody lawyers offer expert insight into these cases, allowing you to be fully prepared for court proceedings.
When we fight for families, we fight fiercely. Parenting is an important part of your life, and we have the necessary expertise to protect your right to raise your children. We are here to make sure that the court sees the full story from all perspectives and that you have a voice in the child custody negotiations.
What Is Child Custody?
Child custody is a broader topic than many people realize. These negotiations are not simply about where your children will sleep at night, but about how they will be raised and where they will grow up.
Child custody can be divided into two major categories: physical custody and legal custody. Physical custody is the most commonly understood category. It deals with the time that each parent spends raising, housing, clothing, and feeding their children. Legal custody, on the other hand, deals with decisions regarding the child’s health and lifestyle. Many people have joint physical custody and joint legal custody. However, it is possible to have physical custody without legal custody. It is rare to have legal custody without having physical custody.
Custody arrangements vary depending on the needs of the family. The court will look at each parent’s work schedules, as well as their:
- Health, including mental health
- Living situation
- Financial situation
- Relationship with the children
- Relationship with drugs and alcohol
These factors all contribute to a parent’s ability to raise their children and properly protect them. If both parents are equally capable and healthy, the court will likely grant joint custody. In these situations, both parents spend equal amounts of time caring for the children. For example, they may opt to alternate weeks at each house or spend an equal portion of each week at each home.
Primary custody involves one parent caring for the children for the majority of the time, but the other parent cares for the children regularly as well. For example, one parent may have the children most of the time, but the other parent cares for them every other weekend.
Visitation is another custody option. In this setup, one parent has custody almost all of the time. However, the other parent has the legal right to spend time with the children for a set number of hours per month. The parent with visitation may not take the children overnight, or they may house the children for sleepovers on occasion. The details are dependent upon the situation.
Finally, sole custody occurs when one parent has full guardianship over the children. The other parent does not have any legal right to spend time with or take care of the children.
The court is primarily concerned with the wellbeing of the children and aims to offer joint custody for the most balanced setup. However, if an individual situation calls for another arrangement, the court will make decisions based on what is best for the children.
Child Custody Agreement Modifications
As children grow, their needs evolve. Parental circumstances also change as time passes. If your situation has changed since the court created your child custody agreement, you can apply for modifications. Modifications allow you to make changes that are still legally binding.
For example, if a mother did not receive custody because she struggled with alcoholism, she may be able to request a modification after she goes to rehabilitation and achieves a significant span of sobriety.
Always update family law agreements through the court system to make sure that they are legally binding and enforceable. If you do them yourself, there is no way to enforce the new arrangement if someone does not behave appropriately.
Can a Child Decide Which Parent They Want to Live With in Nebraska?
The court will take the child’s opinion into account as long as the child is old enough to make informed, coherent statements. Young children cannot often make this decision for themselves, but older children can state their opinion to be considered by the court. Ultimately, the court chooses what is best for the child, and their preference may not be the best arrangement. However, the court will ask the child pertinent questions and consider their desires when making a ruling.
What Are a Father’s Rights in Nebraska?
The court does not discriminate between parents based on their gender. This means that a father has just as many rights as a mother when it comes to child custody. If a father is a healthy guardian for the children, the court’s ruling will reflect that.
Contact Stange Law Firm, PC
Our team has many years of experience with child custody arrangements, along with other negotiations such as divorce, spousal support, child support, asset division, and more. We are here to offer you exemplary family law advice and help throughout your case.
For more information about how we can help you, please contact Stange Law Firm, PC, today.
Douglas County (Omaha), Nebraska Office (402-509-1801): 9202 W. Dodge Rd., Suite 302, Omaha, Nebraska 68114