Child Custody & Visitation Blog

Parents in Nebraska who are divorced or separating need to read Chapter 42 Section 364 of the Nebraska Revised Statutes. This is the law about child custody for the state. It can be especially helpful as a parent begins the process of making a Nebraska custody agreement. Here are some highlights from the Statutes.

1. Neither parent is given preference for custody. The mother and father both have an equal right to custody of the children, and neither parent is given preference based on their gender. When making a Nebraska custody schedule and figuring out the custodial parent, the mother and father should consider what is best for the child and make all decisions according to that standard.
2. Joint custody is an option. If it is in the best interest of the child, the parents can have joint legal custody, joint physical custody, or both. This type of custody arrangement doesn’t mean that the child spends exactly equal time with both parents. Rather, it means that the mother and father are both involved in raising and rearing the child. Parents in a joint custody situation should create a Nebraska parenting plan to detail how they will share time and responsibility.
3. In determining the best interest of the child the court will consider the following factors:

• General considerations of moral fitness of the child’s parents, including the parent’s sexual conduct;
• respective environments offered by each parent;
• the emotional relationship between a child and parents;
• the age, sex, and health of the child and parents;
• the effect on a child as the result of continuing or disrupting an existing relationship;
• the attitude and stability of each parent’s character;
• parental capacity to provide physical care and satisfy educational needs of the child;
• the child’s preferential desire regarding custody if the child is of sufficient age of comprehension regardless of chronological age, and when such child’s preference is based on sound reasons;
• and the general health, welfare, and social behavior of the child.

Parents should also think about these factors when making a Nebraska visitation schedule.