Custody and Visitation for Grandparents and Other Non-Parents
Many Nebraska children are being raised, at least in part, by grandparents, stepparents, aunts and uncles, or close family friends. When a family relationship breaks down, or a parent cannot safely care for a child, these caregivers often need legal authority to protect the child, or simply to stay in the child’s life.
Parents’ Rights Come First
Nebraska law gives fit parents a strong right to raise their children and decide who they spend time with. A non-parent seeking custody over a parent’s objection faces a high bar. Generally, the non-parent must show that the parent is unfit or has forfeited that right, and that the arrangement is in the child’s best interests. These cases depend heavily on the facts and on the evidence, which is why careful preparation matters.
Non-Parents Who Have Raised a Child
A person who has stepped into a parental role, by living with a child and taking on the day-to-day responsibilities of a parent, may be able to ask the court for custody or parenting time. Stepparents and relatives who have been primary caregivers are often in this position.
Grandparent Visitation
Grandparents in Nebraska do not have an automatic right to visitation. They may ask the court for visitation in specific situations, such as when:
- A parent of the child has died
- The parents’ marriage has been dissolved, or a divorce is pending
- The parents were never married, but paternity has been legally established
The grandparent must prove, by clear and convincing evidence, that a significant beneficial relationship exists, that continuing it is in the child’s best interests, and that visitation will not adversely interfere with the parent-child relationship.
Guardianship of a Minor
When parents are unable to care for a child, because of death, incapacity, addiction, incarceration, or other serious circumstances, a guardianship can give a relative or other caregiver legal authority to make decisions for the child, enroll them in school, and consent to medical care. Guardianships can be established with the parents’ consent or contested, and temporary guardianships are available in urgent situations.
When the State Is Involved
If a child is already part of a juvenile court case, custody decisions generally happen within that case, and different rules apply. Relatives can often ask to be considered for placement. We can help you understand how to be heard.
Frequently Asked Questions
Do grandparents have rights in Nebraska?
Grandparents can request court-ordered visitation only in the circumstances described above, and they must meet a demanding standard of proof. Custody over a fit parent’s objection is much harder to obtain.
What is the difference between custody and guardianship?
Custody is decided in a divorce, paternity, or custody case between parents, or between a parent and a non-parent. A guardianship is a separate proceeding that gives a caregiver legal authority over a child when the parents cannot exercise it. Which tool fits depends on your situation and your goals.
