How Is Child Custody Determined in Nebraska?
In Nebraska, child custody determinations begin with the presumption that it is in a child’s best interests to maintain regular and ongoing contact with both parents. As such, joint custody is frequently encouraged. However, the exact nature of a time-sharing agreement depends on using a number of factors to determine what is truly in the best interest of the child. Negative or harmful parental behaviors can be used to show that the parent’s child custody privileges should be reduced or diminished.
Custody can either be decided by the parents coming to a legal agreement that is ratified by the Nebraska courts, or in more contentious situations, a judge can decide the best arrangement for the child. If your case goes to court, the judge will make a decision based on, “the best interest of the child.” Determining factors may include but are not limited to; the child’s relationship with each parent, their health, their safety, their education, and so on.
If you are going through a child custody case in Lincoln, it is important to work with an experienced family law attorney who is familiar with the courts and can help advocate for what is in the best interests of you and your child.
Legal vs. Physical Custody in Nebraska
Legal custody refers to the parent who has the right of decision making for their child. This may include decisions about education, medical care, and religious upbringing. Physical custody refers to where the child lives which may be joint, sole, or primary.
Legal Custody of Children
When it comes to legal custody of children, Nebraska courts presume that parents will share joint legal custody of their children. This means that both parents have the same amount of responsibility when it comes to making important decisions about the children’s education, healthcare, and other aspects of their lives. Joint custody arrangements require a collaborative effort between the parents.
However, legal custody is determined on a case-by-case basis, and in some situations, the court may award one parent sole legal custody. If you are seeking sole legal custody of your children, it is important to consult with an attorney to discuss your specific situation and to learn about the different factors that the court will consider in making a custody determination.
Physical Custody of Children
If you are in the process of getting a divorce, or if you are already divorced, one of the most important decisions you will make is who will have physical custody of your children. Physical custody is completely separate from legal custody and refers to the amount of time the children spend with each parent. These time periods are usually called “periods of responsibility,” and they vary greatly depending upon the circumstances of the parties and the age of the children. If the children are with one parent a majority of the time, that parent is typically referred to as the “primary custodian,” or “primary parent.”
