Nebraska Child Custody Overview

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Determining child custody and parenting rights is often emotionally overwhelming and frustrating for both parties in a divorce or paternity action. Under Nebraska law, the best interest of the child is the primary factor in determining custody, as parents typically dispute the other’s role in the child’s life before the final decision is made. Accordingly, the Nebraska Parenting Act requires all parents in a custody dispute to complete a parenting education class and then participate in mediation to attempt to complete a mutually agreeable Parenting Plan. Having an experienced attorney guide you through this process can help lead you to a successful and positive outcome for both you and your child.

Factors included in determining the best interests of the child include the following:

  • The child’s relationship with each parent
  • The health, well-being, and social behavior of the minor child
  • Any history of child abuse, domestic violence, negligence, or substance abuse
  • The mental or physical health of the parties involved in the proceedings
  • The child’s wishes, if the child is older and able to express a well-reasoned opinion

If you are considering a divorce in which child custody and parenting rights are a serious issue, Carlson & Burnett is prepared to protect your rights and best interests. With decades of experience, our Omaha family law attorneys understand what judges and family law experts expect out of a custody and parenting plan.

Child Custody Laws in Nebraska

In mediation, parents are encouraged to discuss and agree upon issues which impact their child’s healthcare, education, and spiritual upbringing, as well as determine how much time each parent will spend with the child. If parents can agree upon these issues, a formal Parenting Plan is written. If parents cannot agree to a Parenting Plan, the court will implement its own plan in the best interests of the children involved.

Non-compliance with the Nebraska Parenting Act, failure to take the parenting class or participate in mediation, could result in a Default Parenting Plan being entered against that parent.

Types of custody allowed in Nebraska include:

  • Sole custody
  • Joint legal custody
  • Joint physical custody
  • Split custody

Legal custody involves making decisions for a child’s life, while physical custody deals with the actual placement of the child. Physical custody is where the child resides for significant periods of time. Both legal and physical custody may be awarded solely to one pare or awarded to both jointly.

Ready to Help You Obtain the Most Favorable Outcome

Our Omaha family law attorneys want what is best for you and your child. We are committed to resolving disputes as amicably and cost-efficiently as possible. However, if a case cannot be resolved without trial, we will aggressively defend your rights and interests.

Contact us and schedule a free consultation today.

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