Child Custody in Nebraska

Overview of Nebraska Custody Law

Nebraska custody law is primarily governed by the Nebraska Parenting Act, codified in Neb. Rev. Stat. Sections 43-2922 through 43-2943, along with Neb. Rev. Stat. Section 42-364. The Parenting Act establishes a comprehensive framework for determining custody and parenting time, with the overarching principle that the best interests of the child control all custody decisions.

Nebraska uses the terms “legal custody” and “physical custody” and encourages both parents to remain actively involved in their children’s lives after separation. For a broader overview of custody law, see our guide on child custody laws explained.

Types of Custody

Nebraska recognizes four primary custody arrangements:

• Sole legal custody — One parent has exclusive authority to make major decisions regarding the child’s welfare, including education, health care, and religious upbringing.
• Joint legal custody — Both parents share decision-making authority on significant matters affecting the child.
• Sole physical custody — The child primarily resides with one parent, and the other parent has a scheduled parenting time arrangement.
• Joint physical custody — The child spends substantial time living with each parent.

Nebraska does not have a statutory presumption in favor of joint custody. The court evaluates each case individually and may award any combination of legal and physical custody that serves the child’s best interests.

Best Interests Factors

Under Neb. Rev. Stat. Section 42-364, the court considers the following factors when determining custody:

• The relationship of the child to each parent prior to the filing of the action
• The desires and wishes of the child, if the child is of sufficient age of comprehension
• The general health, welfare, and social behavior of the child
• Credible evidence of abuse inflicted on any family or household member
• Credible evidence of child abuse or neglect or domestic intimate partner abuse
• The relationship of the child with each parent, siblings, and other significant persons
• The child’s adjustment to home, school, and community
• The willingness of each parent to facilitate and encourage a close and continuing relationship between the child and the other parent

Nebraska courts place substantial emphasis on the last factor. A parent who demonstrates a pattern of encouraging the child’s relationship with the other parent is viewed favorably, while a parent who interferes with or undermines that relationship may face adverse custody consequences.

The Nebraska Parenting Act

The Parenting Act requires all parents in custody proceedings to develop a parenting plan. The plan must address:

• Legal custody (decision-making) arrangements
• Physical custody and a parenting time schedule
• Provisions for resolving future disputes between the parents
• Procedures for modifying the plan
• How the parents will share information about the child’s health, education, and welfare

If the parents cannot agree on a parenting plan, the court will establish one after considering the statutory best interest factors. The Parenting Act also requires parents to attend a parenting education course as part of any custody proceeding.

Mandatory Mediation

Nebraska requires mediation in custody cases under the Parenting Act. Before a contested custody matter can proceed to trial, the parties must participate in mediation to attempt to resolve their disputes. Mediation may be waived in cases involving domestic violence or child abuse when the court determines that mediation would be inappropriate or unsafe. If mediation is unsuccessful, the case proceeds to a hearing.

Child’s Preference

Nebraska does not establish a specific age at which a child may express a custody preference. The court may consider the “desires and wishes of the child” if the child is of “sufficient age of comprehension.” In practice, courts give increasing weight to a child’s stated preference as the child matures and demonstrates the ability to articulate reasoned views. The court may interview the child privately or appoint a guardian ad litem to represent the child’s interests.

Relocation

Under Neb. Rev. Stat. Section 42-364.02, a custodial parent who intends to relocate with the child must provide the other parent with 60 days written notice before the proposed move. If the non-relocating parent objects, the court holds a hearing to determine whether the relocation is in the child’s best interests. The court considers the reasons for the move, the impact on the child’s relationship with both parents, and whether the parenting plan can be modified to preserve meaningful contact.

Grandparent Visitation

Under Neb. Rev. Stat. Section 43-1802, grandparents may petition for visitation when a substantial, positive relationship exists between the grandparent and the child and the visitation would serve the child’s best interests. The court considers the amount of personal contact between the grandparent and the child prior to the petition and whether granting visitation would adversely affect the parent-child relationship.

Modification of Custody

To modify an existing custody order in Nebraska, the parent seeking the change must demonstrate a material change of circumstances that makes modification necessary for the child’s welfare. The court applies the same best interest factors used in the original determination. Nebraska courts value stability in children’s lives and require a meaningful showing before altering an existing arrangement.

When to Seek Legal Help

Nebraska’s Parenting Act creates a structured framework for custody proceedings, but the factual determinations involved — particularly around best interests, mediation, and relocation — can be complex. If you are involved in a contested custody case or need to modify an existing order, consider scheduling a free consultation with an experienced family law attorney.