Key Takeaways
- Nebraska law does not favor mothers over fathers when deciding custody or parenting time.
- Equal parenting time in Nebraska may be appropriate when it is in the child’s best interests, but a 50/50 schedule is not automatically required.
- Fathers seeking equal parenting time in Nebraska should be prepared to show how the proposed schedule would provide stability and support their child’s relationship with both parents.
Does Nebraska Law Favor Mothers Over Fathers?
Nebraska law does not give mothers an advantage over fathers based on gender. In fact, Nebraska law prohibits courts from giving preference to either parent based on the parent’s sex. The law also does not assume that one parent is more fit or better suited to care for a child simply because they are the mother or father.
For fathers seeking equal parenting time in Nebraska, this means they have the same opportunity to request a 50/50 parenting schedule as the child’s mother.
That said, equal parenting time is not automatically guaranteed. The court will look at the unique circumstances of the family and determine whether a 50/50 schedule is in the child’s best interests. Factors such as the child’s needs, each parent’s involvement, and the ability of both parents to provide a stable and supportive environment can all play a role in that decision.
Is Equal Parenting Time Guaranteed in Nebraska?
Equal parenting time in Nebraska is not automatically guaranteed. A father can ask for a 50/50 schedule, but an Omaha or Lincoln court’s decision will ultimately depend on the child’s best interests.
When deciding parenting time, Nebraska courts consider factors such as:
- The child’s relationship with each parent
- Each parent’s ability to provide a safe and stable home
- Each parent’s involvement in the child’s daily life
- The child’s physical and emotional needs
- The ability of each parent to support the child’s relationship with the other parent
- Any concerns involving domestic violence, abuse, or neglect
- The child’s preferences when the child is mature enough to express a reasoned preference
Omaha and Lincoln family courts also consider the benefits of children maintaining strong relationships with both parents. If you are seeking equal parenting time in Nebraska, focus on how a 50/50 schedule would provide stability for your child, support their relationship with both parents, and work well with each parent’s schedules and routines.
How Can a Father Strengthen His Case for Equal Parenting Time?
If you are a father seeking equal parenting time in Nebraska, one of the best things you can do is show the court that you are actively involved in your child’s life.
For example, it can help to show that you:
- Stay involved with your child’s school, sports, and activities
- Help with homework and everyday routines
- Take your child to medical and dental appointments
- Have a stable home and work schedule
- Can manage transportation between both homes
- Communicate and work well with the other parent
- Support your child’s relationship with the other parent
Ultimately, Omaha and Lincoln courts want to know what parenting arrangement will work best for the child. Showing that you are involved, dependable, and prepared to share parenting responsibilities can help support your request for equal parenting time in Nebraska.
What If the Mother Does Not Agree to 50/50 Parenting Time?
Parents do not always agree about what schedule is best. A mother may believe the child should spend more time with her, while the father may believe equal parenting time in Nebraska is the better option. If parents can reach an agreement, they can generally submit a parenting plan to the court for approval. When they cannot agree, the court may need to decide the parenting schedule. In that situation, fathers should focus on the facts that support their proposed schedule. For example:
Instead of saying: “I deserve 50/50 custody.”
Focus on: “Here is how a 50/50 schedule would allow me to remain involved in school, activities, and daily routines while providing stability for my child.”
That distinction can make a significant difference in how a custody argument is presented.
Can a Father Receive Primary Custody in Nebraska?
Fathers can receive primary custody in Nebraska when the arrangement is in the child’s best interests. What that looks like depends on the facts of the individual case, the evidence presented, and the circumstances affecting the children.
A case handled by Nebraska Legal Group attorney Scott Thibodeau illustrates how those factors can affect a custody dispute.
Scott represented a father who had previously had limited custody following his divorce. When concerns arose about the mother’s conduct and its impact on the father’s relationship with his children, Scott helped the father challenge a protection order and seek a modification of the existing custody arrangement.
The case required the court to address several significant issues at once. Evidence supporting the father’s concerns included testimony from the children’s maternal grandmother. While the case was pending, the father was also permitted to temporarily remove the children from Nebraska, an uncommon and significant outcome in a custody proceeding. The court then granted the father temporary sole legal and physical custody. The mother ultimately agreed to a permanent arrangement giving the father primary custody.
Scott described the case as particularly challenging because the father needed a significant change in custody while the litigation was still underway:
“This case presented a lot of challenges. A modification in itself is difficult, but there was also an immediate need for my client to have his children primarily. Getting a court to allow a removal to another state is another massive challenge. Being able to act quickly and gather strong evidence allowed us to obtain court orders that were best for the children during the case and also in the future.”
What This Case Shows About Seeking Primary Custody
This case demonstrates why a father’s request for primary custody cannot rest solely on a desire to spend more time with his children. The circumstances surrounding the children, the evidence supporting each parent’s position, and the practical effect of a proposed custody arrangement can all become important when a court is deciding what serves the children’s best interests.
It also illustrates why evidence can matter so much in a contested custody case. In this matter, testimony from a family member provided an additional perspective on the circumstances involving the children, while the urgency of the situation required Scott to act quickly to address the father’s immediate custody concerns.
Every custody case is different. A father seeking primary custody or equal parenting time should be prepared to support his proposed parenting arrangement with specific facts and evidence showing why it would serve his child’s best interests.
Create the Best Parenting Plan for Your Child with the Help of an Omaha or Lincoln Child Custody Attorney
At Nebraska Legal Group, our experienced Omaha and Lincoln family law attorneys help parents navigate custody and parenting time disputes with a practical, child-focused approach. We help you understand your rights, create a parenting plan that works for both you and your child, and present the evidence needed to support your request.
Whether you are seeking equal parenting time in Nebraska or need to modify an existing parenting plan, our team is here to help you understand your options and determine the best path forward. Contact Nebraska Legal Group today to schedule a consultation.
Adam Little
Divorce and Family Law Attorney at Nebraska Legal Group
Adam is a divorce and family law attorney whose practice also covers civil appellate litigation, farm divorces, and cyber law. Raised on a small farm in rural North Dakota, he understands what is at stake when a family business or agricultural operation is part of a divorce. He has successfully appealed a number of published cases that shaped the continued development of Nebraska law, and he founded the Student Intellectual Property Law Association during law school before going on to coach the Lachs Space Law Moot Court Team from 2015 to 2022. Clients know him for his sense of humor, his straight answers, and his willingness to fight for the outcome that protects their family.
Education: University of Nebraska College of Law
Years of Experience: 10+ years of divorce, family law, and appellate litigation experience