What Factors Determine Child Custody Decisions in Nebraska?
When determining child custody in Nebraska, the court’s primary concern is always the best interests of the child. This overarching standard guides every decision made regarding physical custody, legal custody, and parenting time. But what exactly does “best interests of the child” entail, and how does Nebraska law define and evaluate this?
At Abrahamson Law Office, we understand that issues related to child custody can be some of the most emotionally charged and challenging matters during a divorce or separation. With years of experience in family law, we are dedicated to helping you understand how child custody decisions are made and what factors courts consider under Nebraska law.
Types of Custody in Nebraska
Before we can break down the factors that influence custody decisions, it’s important to clarify the types of child custody that are recognized in Nebraska. Child custody can typically be divided into one of the following categories:
Legal custody: This refers to the right granted to one parent to make major decisions about the child's upbringing, such as education, medical care, religion, and other significant matters.
Physical custody: This refers to where the child will live and which parent will be primarily responsible for the day-to-day care.
Joint vs. sole custody: Both legal and physical custody can be awarded jointly (to both parents) or solely (to one parent). Joint custody requires the parents to work together to make decisions and share responsibilities, which may require a higher degree of cooperation and communication, whereas sole custody grants one parent autonomous decision-making power.
Key Factors Nebraska Courts Consider When Determining Child Custody
When awarding custody, Nebraska courts take into account a variety of statutory and non-statutory factors to help ensure the child’s well-being. While every child custody case is unique, the primary factors courts commonly consider include but are not limited to the following:
The Child's Health and Safety
At the core of every custody decision is the court’s responsibility to ensure the child’s immediate physical health and safety. If there is evidence of abuse, neglect, or a history of domestic violence, the court will weigh that heavily against the offending parent.
Working with an experienced child custody attorney can help you gather and present evidence that highlights your capability to provide a safe and healthy environment for your child.
The Child’s Relationship with Each Parent
The courts place significant importance on the relationship between the child and each parent. The judge will assess how each parent has participated in raising the child, including their involvement in school activities, medical decisions, and extracurricular activities. A parent’s willingness to foster a positive and supportive relationship between the child and the other parent is also an important consideration.
Parental Fitness
Parental fitness refers to a parent’s ability to meet the physical, emotional, and developmental needs of their child. This includes factors such as mental and physical health, emotional stability, and the ability to provide basic necessities like housing, nutrition, and medical care. Substance abuse or a history of erratic behavior can negatively impact a parent’s fitness in the court’s eyes.
Each Parent’s Willingness to Cooperate
The court looks favorably upon parents who can communicate effectively and co-parent in a way that minimizes conflict for the child. A demonstrated willingness to comply with court orders and collaborate on decisions regarding the child’s upbringing is essential, especially in cases involving joint custody.
The Child’s Wishes
While the preferences of younger children may carry less weight, Nebraska law allows children of sufficient maturity to express a preference on custody arrangements. This factor is not determinative, but the court may take the child's wishes into account as part of its overall evaluation.
Continuity and Stability
Maintaining continuity in a child’s life is crucial, especially during and after a divorce or separation. The courts aim to minimize disruption by considering the child’s existing ties to their school, community, and extended family. Stability in housing and home life also plays a significant role.
Parental Misconduct
Allegations of misconduct, including abuse, neglect, or criminal activity, can heavily influence custody determinations. At our firm, we can help you gather and present evidence if such claims arise to make sure the court has a clear understanding of your situation.
Work Schedules and Availability
Practical considerations, such as each parent’s work schedule and availability to care for the child on a day-to-day basis, are also taken into account. A parent employed in a demanding job with irregular hours might face challenges in securing primary physical custody, though these factors are often balanced alongside other aspects of the case.
The Role of Parenting Plans in Nebraska
Nebraska law requires divorcing parents to submit a parenting plan as part of their custody proceedings. A properly structured parenting plan outlines how parents will handle physical custody, legal custody, parenting time, and decision-making responsibilities.
If the parents are unable to agree on a parenting plan, the court will step in and impose one that reflects the child’s best interests. To avoid the court taking charge of parenting schedules, we encourage our clients to work together to draft a parenting plan that demonstrates their commitment to co-parenting and meeting the needs of their child.
If you and your spouse are unable to reach an agreement, an experienced mediator can help you work toward an amicable resolution. Nebraska courts often encourage or require parents to participate in mediation as a way of reaching an agreement outside the courtroom. Mediation can be a less adversarial alternative to encourage collaboration.
Reach Out to an Experienced Attorney Today
Child custody cases are often overwhelming. At Abrahamson Law Office, we strive to support our clients every step of the way. By understanding Nebraska’s laws and focusing on the unique dynamics of your family, we aim to advocate for your rights while always ensuring the best interests of your child.
Whether you're initiating a custody case, defending your rights as a parent, or seeking modifications to an existing order, our experienced attorneys are ready to advocate on your behalf. Located in Omaha, Nebraska, we serve clients throughout Sarpy County, Douglas County, and the surrounding areas. Contact us today to schedule a consultation.