A family court in Nebraska uses several factors to determine child custody laws. Primarily, the court determines custody based on the best interests of the child. A court in Nebraska will not give preference to any parent based on gender. Parents who wish to file for child custody in Nebraska should first become familiar with the custody statutes in this state.
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Parenting Plans and Child Custody in Nebraska
In Nebraska, courts require parents to agree to a parenting plan regarding custody and visitation. The parenting plan encourages parents to discuss and agree upon decisions that affect a child's education, health care and spiritual upbringing. The purposes of the parenting plan are to:
- Provide for the child's physical care
- Set forth each parent's rights and responsibilities with respect to the child
- Minimize any parental conflict for the child
- Provide both parties equal access to medical, dental and educational records
- Assist parties in creating a visitation plan in the event that one party is not awarded custody of a child
A court in Nebraska may accept a parenting plan, modify it, or reject it, based on whether it serves the best interests of the child.
Best Interests of the Child
A Nebraska court determines custody of a child based on the best interests of the child. Factors included in determining best interests of the child are:
- The child's wishes, if the child is of an age to express a reasoned opinion (generally age 12 or older)
- The child's relationship with each parent
- The health, welfare and social behavior of the minor child
- Any history of abuse on any family or household member
Joint Custody in Nebraska
A Nebraska court will place a child in a joint or shared custody arrangement if both parents agree to the arrangement. Parents will have equal rights to make decisions in the child's best interests. If parents don't agree to joint custody, a Nebraska family court may still order joint custody if it determines joint custody to be in the best interest of the child.
For more information about child custody in Nebraska, speak with a qualified attorney in Nebraska or refer to the Nebraska Domestic Relations statute.