Custody & Parenting Time in Nebraska - Divorce & Custody Lawyer
March 14, 2025
Custody & Parenting Time; Matters to Consider in Your Divorce or Paternity Case
In Nebraska, when it comes to child custody, parenting time, visitation, and other access, Nebraska Revised Statute 42-364 outlines important guidelines.
- Parenting Plan Development:
- In actions involving child support, child custody, parenting time, visitation, or other access, the parties and their counsel (if represented) are required to develop a parenting plan as provided in the Parenting Act.
- If the parties and counsel do not create a parenting plan, the complaint should indicate this, and the case will be referred to mediation or specialized alternative dispute resolution as outlined in the Parenting Act.
- In certain circumstances, the mediation or specialized alternative dispute resolution requirement may be waived by the court, provided there is good cause and specific conditions are met.
2. Custody Determination:
- The decree in an action involving the custody of a minor child must address both legal custody and physical custody based on the best interests of the child, as defined in the Parenting Act.
- The court can incorporate either: A parenting plan developed by the parties (if approved by the court), or
- A parenting plan developed by the court based on evidence produced after a hearing in open court if no plan is developed by the parties or if the parties’ plan is not approved by the court.
- The decree must conform to the Parenting Act.
3. Equal Consideration for Parents:
- The court must not give preference to either parent based on sex or disability.
- No presumption exists that either parent is more fit or suitable than the other.
- Custody decisions are made based on the best interests of the child, as defined in the Parenting Act.
- Unless parental rights are terminated, both parents continue to have rights as stated in section 42-3811.
4. Joint Custody:
- Custody of a minor child may be placed with both parents on a joint legal custody or joint physical custody basis, or both: When both parents agree to such an arrangement in the parenting plan, and the court determines it is in the child’s best interests.
- If the court specifically finds, after a hearing in open court, that joint physical custody or joint legal custody (or both) is in the best interests of the minor child, regardless of parental agreement or consent
The Nebraska alimony statute is outlined in Nebraska Revised Statute 42-365. It provides guidelines for awarding alimony during divorce proceedings, considering factors such as the duration of the marriage, contributions to the marriage, and the financial circumstances of both parties. Alimony is intended to support one spouse when the economic circumstances make it appropriate. The statute also addresses the modification, revocation, and termination of alimony orders.
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According to Nebraska Revised Statute 43-1411, a civil proceeding to establish the paternity of a child may be instituted by the mother or the alleged father of such child, either during pregnancy or within four years after the child’s birth, unless a valid consent or relinquishment has been made pursuant to sections 43-104.08 to 43-104.24 or section 43-105 for purposes of adoption1. The proceeding may be instituted in the court of the district where the child is domiciled or found or, for cases under the Uniform Interstate Family Support Act, where the alleged father is domiciled1. The guardian or next friend of such child or the state may also institute the proceeding either during pregnancy or within eighteen years after the child’s birth.
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