Child Custody and Parenting Time in Nebraska
For most parents, nothing about a divorce or separation matters more than their time with their children. Child custody is a central part of our family law practice. We help parents reach workable agreements when possible, and we present a thoroughly prepared case to the court when agreement is not possible.
Legal Custody and Physical Custody
- Legal custody is the authority to make major decisions about a child’s upbringing, such as education, health care, and religion.
- Physical custody concerns where the child lives and how parenting time is divided between the parents.
Either type can be joint (shared) or sole. A common arrangement is joint legal custody with one parent having primary physical custody, but equal or near-equal parenting time is also ordered when it serves the child. Nebraska law does not favor mothers over fathers, and a court may order joint custody if it finds that joint custody is in the child’s best interests.
The Nebraska Parenting Act
Every Nebraska case involving custody or parenting time is governed by the Parenting Act. In practice, that generally means:
- A parenting plan. The parents, or the court if they cannot agree, must put in place a written plan covering custody, the parenting time schedule, holidays, decision-making, exchanges, and communication.
- A parenting education class. Parents are generally required to complete an approved course early in the case.
- Mediation. Parents who disagree about parenting issues usually must try mediation before the court decides. When there is a history of domestic abuse or child abuse, specialized procedures are used in place of traditional mediation to protect the safety of the parent and child.
How Nebraska Courts Decide: The Child’s Best Interests
When parents cannot agree, the judge decides custody based on the child’s best interests. Courts consider factors such as:
- The child’s relationship with each parent before the case was filed
- The child’s wishes, if the child is mature enough to express a sound, reasoned preference
- The child’s general health, welfare, and social behavior
- Credible evidence of abuse of any family or household member, or of child abuse or neglect
- Each parent’s ability to provide stability and to support the child’s relationship with the other parent
Custody cases may also involve a guardian ad litem, a custody evaluation, or a home study. We know how these processes work and how to prepare our clients for them.
Child Support
Child support is calculated using the Nebraska Child Support Guidelines, which are based on both parents’ incomes and account for health insurance, child care, and the parenting time schedule. Support generally continues until the child turns 19, unless the child is emancipated sooner.
Moving Out of State With a Child
A parent who wants to move a child out of Nebraska generally needs either the other parent’s agreement or the court’s permission. See our Modifications and Enforcement page for more.
Frequently Asked Questions
At what age can my child decide where to live?
There is no set age in Nebraska. A judge may consider a mature child’s well-reasoned preference, but the child’s wishes are only one factor, and the decision belongs to the court.
Will my child have to testify?
Rarely. Nebraska courts work to keep children out of the courtroom. When a judge wants to hear from a child, it is often done privately in chambers.
Is 50/50 custody the default in Nebraska?
Nebraska law does not require any particular schedule, but many judges favor equal parenting time. The view is that a strong relationship with both parents is generally in a child’s best interests. That said, there are many situations where 50/50 is not the right fit. Examples include a history of abuse or neglect, high conflict between the parents, long distances between homes, or a child’s particular needs. In every case, the court’s decision comes down to what is best for the child.
