Can Your Child Custody Order Be Modified?
If circumstances change, it may be possible to change a custody order in Nebraska. For the court to consider a change, you must:
- Be able to demonstrate a material change in circumstances since the last parenting plan was ordered
- Be able to show that the proposed change to the parenting plan is in the child’s best interests
- Submit a new parenting plan that provides for any change in custody or parenting time.
In Nebraska, a child is not considered a legal adult until the age of 18. However, judges do consider a child’s wishes in making a custody determination or modification if he or she is of a mature enough age.
Once the custody decision is made or approved by the court, it is legally enforceable and takes effect immediately.
Even if both parents and the children later agree that a modification of the arrangement is best, court action will be required to change the custody order.
Modifying Child Custody With an Attorney
If you and your ex agree on the modification, you will need to file the appropriate forms with the court. If you are not in agreement, you will be required to submit different forms and it is usually best to consult with a qualified child custody lawyer before doing so.
Contact the experienced divorce attorneys at Nebraska Legal Group by submitting a free case evaluation or calling us at 402.509.7033 in Omaha or 531.248.5050 in Lincoln.