Child Custody Lawyers in Omaha

Types of Child Custody in Nebraska

Child custody can be a little confusing for parents and guardians in Nebraska because different terminology is used depending on the type of custody under consideration. Both the day-to-day needs of the child and the longer-term “big picture” requirements must be taken into account as the best interests of the child are considered.

There are two main types of custody:

• Legal custody: The right to make important decisions about the child’s life (e.g., education, healthcare, religion).
• Physical custody: Where the child lives and how time is divided between parents.

When equal time with both parents isn’t practical, the court may grant sole or primary physical custody to one parent. The other parent is then awarded parenting time, typically outlined in a court-approved parenting plan. A knowledgeable parenting time or Nebraska family law attorney can help ensure this plan is fair and meets your child’s needs.

Legal Custody of Children

Legal custody determines which parent has authority over major decisions in the child’s life.

In Nebraska:

• Courts typically favor joint legal custody, where both parents share responsibility for decisions about the child’s upbringing.
• Joint custody requires cooperation and communication between parents.
• In some cases, a judge may grant sole legal custody to one parent if joint custody isn’t in the child’s best interest.

An Omaha or Lincoln parenting time attorney can help you understand your options and advocate for a legal custody arrangement that works for your family.

Physical Custody and Parenting Time

Physical custody refers to how much time a child spends with each parent. In Nebraska, this is commonly called parenting time.

Key points:

• Parenting time varies based on the child’s age, school schedule, and other factors.
• If one parent has the child most of the time, they are typically the primary custodian or primary parent.
• The other parent receives scheduled parenting time.

A parenting time attorney or child custody attorney can help create or modify a parenting schedule that balances fairness, stability, and the child’s developmental needs.

Factors Courts Consider in Custody Cases

The guiding standard in every Nebraska custody case is the best interests of the child.

Courts consider:

• The child’s age and emotional needs
• Their relationship with each parent
• Physical and mental health of the parents
• Any history of abuse, domestic violence, or substance use
• The child’s preference (if age-appropriate)

Parents should work together to develop a custody and parenting plan that reflects these priorities. If they can’t, the court will intervene, and may reject any plan that fails to serve the child’s best interests.

Nebraska Parenting Act Requirements

Under the Nebraska Parenting Act, parents involved in custody disputes must:

• Complete a parenting education class
• Participate in mediation to create a mutually agreeable parenting plan
• Attempt to settle disputes out of court

These steps are required before a final custody decision is made. A qualified parenting time attorney can guide you through each phase to help protect your parental rights and prioritize your child’s well-being.

Determining the Best Interests of the Child

In determining the best interests of the child, the following factors, though this list is not exhaustive, should be considered:

• The nature of the child’s relationship with each parent
• The mental and physical health of the parents/guardians
• The health, well-being, and social behavior of the child
• Any history of child abuse, domestic violence, negligence, or substance abuse
• The child’s wishes (if the child is mature enough to express a reasonable opinion)

Get in touch with our Lincoln child custody attorneys or our Omaha child custody attorneys to get started.