Child Custody

Nebraska courts assume that a healthy relationship between the former spouses is an important factor to demonstrate the desire of both parties to maintain close contact with their child. Joint custody is presumed to be in the best interest of the child if the parents are ready to negotiate and not prevent the communication of the child with the other parent.

Thus, the spouses are usually expected to create their own parenting plan and agree upon all the terms of custody, visitation, and how the parental rights and liabilities should be shared to meet the child's needs. If they fail to reach an agreement, the court will decide custody issues at its own discretion following the best interests of the child.

In Nebraska, as in most states, there are two types of child custody - physical and legal custody.

Physical custody determines who provides a home to the child and who is in charge of daily care and provisions. Legal custody determines who has the right to make significant decisions concerning the child's life.

Both physical and legal custody may be awarded to one or both parents ("sole" or "joint" custody, respectively) depending on the parents' wishes and numerous individual conditions and factors considered by the judge.