Key Takeaways
- A parenting plan outlines time-sharing and other aspects of co-parenting your children.
- If either parent is charged with domestic violence, the parenting plan may dictate supervised visitation for the parent charged.
- Child custody laws are based on the best interests of the children, not the parents.
- Nebraska may take the child’s wishes into consideration when determining custody arrangements.
- The court will make a custody determination if you and your spouse cannot agree on custody of your child.
Child custody in Nebraska may be complex if parents are unable to agree on equitable parenting time. If it is necessary to go to court for a custody order, the amount of time you are granted with your children may not be what you had requested. The courts are responsible for determining parenting time that is in the best interests of the minor child, but in some cases, allegations by your spouse may prevent you from being awarded the time you want with your minor children.
Cordell & Cordell can guide you through the divorce process, including working out custody of a child.
Nebraska Child Custody Factors
Many factors can impact child custody, including the child’s relationship with the parents. When determining what is in the best interest of the child, the court will look at not only the relationship the child has with each parent but other factors, including:
- The desires of the children if they are old enough to make that decision
- The general health and welfare of the children
- Claims of abuse toward the child or spouse
- Who takes the children to appointments most of the time
- The outcome of a psychological evaluation, if one is requested
- The outcome of home studies, if a home study is requested
Other factors may include: which parent is more likely to abide by a child custody court order, the willingness of each parent to allow all methods of communication, parent work schedules along with other factors.
Child Preference in Nebraska
While the parents should each complete a parenting plan, joint legal custody and joint physical custody may or not be included, if they cannot agree. A main factor the court will take into consideration is the child’s preference. As long as the child is old enough and exhibits the maturity to make this decision, the court will consider the child’s wishes.
The chronological age of the child is not determinative; rather, the maturity and reasoning of the child are of primary importance. The child may provide a written statement, or alternatively, the judge may conduct a private interview with the child, which may be recorded in the judge’s chambers—on camera.
During the interview with the judge, parents are not permitted in the room. This policy is maintained to prevent potential influence of the child by either parent.
Can You Move Out-of-State with Custody of the Child?
In Nebraska, one of the child custody questions spouses ask when going through a divorce is whether or not, the custodial parent can move out of state with the child. Regardless, if a parent wishes to move out of state prior to a custody hearing or agreement, or even after the final dissolution of marriage judgement—the parents must both consult and adjust the parenting plan.
If both parties agree and sign off on an adjusted parenting plan, a custodial parent is usually allowed to move out of state. However, if the non-custodial parent disagrees, the requesting parent must ask for the court’s decision.
The parent requesting the move must prove that the action is in good faith and is in the child’s best interests. The court reviews and addresses these factors during a hearing for the custodial parent’s motion to relocate.
Depending on the child’s age and the circumstances for the move, the court may grant the request, deny the request, or amend child custody arrangements based on what it determines are the best interests of the child.
How to Set Up a Parenting Plan in Nebraska
Part of the custody process is creating a parenting plan. The parenting plan doesn’t usually include child support, as Nebraska’s laws provide child support guidelines. The parenting plan involves legal and physical custody and visitation rights – or time sharing. It dictates the decision-making for each parent for several factors of your child’s life.
Nebraska’s parenting plans may include:
- Physical custody (may be joint)
- Legal custody (may be joint)
- Which holidays the child will spend with each parent (may be rotating)
- Living and travel arrangements
- Day-to-day decisions on behalf of your child
- Religious decisions
- Schooling decisions
- How the parents will modify the parenting plan in the future, if needed (i.e., custody decisions)
- How both parent and the child will stay safe
- Whether either parent can take the child out of the country
- Travel to other states with the child
- Medical decisions
- Elective surgeries and medical decisions
Even if you do not perceive that any of the considerations in a parenting plan will become an issue with your spouse, always include those factors, as your spouse may become disagreeable in the future.
How to Modify Custody Arrangements in Nebraska
To modify a custody order in Nebraska, you will need to obtain a new court order. Then, you must motion the court for a modification of the custody arrangement along with a new parenting plan. If an agreement cannot be reached on the modification, you must be able to provide the court evidence that a material change in circumstances has taken place.
In the complaint for modification, you can ask the court to decide on these matters:
- Custody issues, including changing physical custody, legal custody, or both
- Time-sharing, including changing the frequency of visits with the child or how long the child lives with each parent who has physical custody
- Child support, including upward and downward modifications
- Health care expenses, including insurance expenses, premiums, and elective medical care
- Childcare issues, including changing childcare providers and childcare expenses
At the final hearing, the parent filing the complaint must disclose his or her reasons for the requested changes. If the other parent does not agree to the modification, the filing parent must demonstrate a material change in circumstances for the request.
Why Work with Cordell & Cordell
The Child Custody Attorneys at Cordell & Cordell can guide you through custody and visitation issues during a divorce—even after the divorce becomes final and changes need to be made later. However, even if both parties agree to the changes and the child’s welfare has been considered, you should retain the services of an experienced child support attorney to help protect your parental rights.
Client Experience
“I have worked with [my lawyer] twice now. She has been professional in all aspects and truly provided great advice. She provided guidance and really helped me stay on top of things. “ — Alexander O.
Let Us Help You with Your Child Custody Case
Whether you are separated or going through a divorce, you should have a parenting plan to guide your interactions with your children. A parenting plan can help preserve your visitation rights, as the state has various types of custody arrangements.
Cordell & Cordell is a national family law firm that guides men through various family law issues. Contact our team today at 866-DADS-LAW or fill out our online contact form to schedule an initial consultation about your family law issues, including divorce, child support, child custody issues, division of marital assets and paying child support after a minor child enters college.
Disclaimer: This page serves as a resource and is not to be taken as legal advice.
Frequently Asked Questions
Nebraska is a no-fault divorce state. The courts do not consider marital misconduct in rulings for custody, time-sharing, spousal support, or property division. In eliminating fault-based claims for a divorce in Nebraska law, the state hopes to help families avoid hostility and reduce conflict during and after divorce proceedings.
When filing a complaint for dissolution of marriage, you only need to allege that the marriage is “irretrievably broken.”
A parenting plan is a document that outlines the agreements between the parents on how to raise their child together. A solid parenting plan means that both parents are on the same page and will hopefully reduce any serious disagreements in the future.
While the parenting plan contains several items, it should also include religious upbringing. What you agree to put into the parenting plan depends on your combined feelings regarding religion and whether you, the other parent, or both of you want your child involved in any religious activities.
Yes, you absolutely should be spending time with your children while you are separated. Having both parents in the children’s lives is important, regardless of the circumstances. The courts do not look favorably on a parent who does not spend time with his or her children—and may base custody decisions on a parent who chose to distance themself from the children.
Written by Joseph E. Cordell
Joseph E. Cordell is the Principal Partner at Cordell and Cordell, P.C., which he founded in 1990 with his wife, Yvonne. Over the past 25 years, the firm has grown to include more than 100 offices in 30 states, as well as internationally in the United Kingdom. Mr. Cordell is licensed to practice in the states of Illinois and Missouri and received his LL.M. from Washington University in St. Louis, Missouri. Joseph E. Cordell was named one of the Top 10 Best Family Law Attorneys for Client Satisfaction in Missouri.
