Child Custody Laws in Nebraska
How courts in Nebraska decide child custody and parenting time, the best-interest factors, and whether parents must take a class or try mediation.
Short answer: Custody and parenting time are decided under the Parenting Act based on the child's best interests. Factors include the child's relationship with each parent, the child's wishes (if the child is of an age of comprehension, regardless of age, and the wishes are based on sound reasoning)… Neb. Rev. Stat. § 43-2923
| Child custody | Custody and parenting time are decided under the Parenting Act based on the child's best interests. Factors include the child's relationship with each parent, the child's wishes (if the child is of an age of comprehension, regardless of age, and the wishes are based on sound reasoning), the child's health, welfare and social behavior, and credible evidence of abuse, neglect or domestic intimate partner abuse. The statute does not create a presumption of joint custody. Source: Neb. Rev. Stat. § 43-2923 |
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| Emergency and temporary custody | While a divorce case is pending, either party can apply with a supporting affidavit and the court may issue ex parte orders (without first hearing the other side) determining temporary custody of the minor children, as well as orders restraining disposal of property and orders against disturbing the peace of the other party or children. Ex parte orders on property and temporary custody last no more than 10 days or until a hearing is held, whichever is earlier. An order keeping a party from disturbing the peace of a child may issue only if the requesting party is also given temporary custody of that child. Source: Neb. Rev. Stat. § 42-357 |
| Parenting class or mediation | In Parenting Act cases, the court must order all parties to attend a basic-level parenting education course approved by the State Court Administrator; the court may delay or waive it for good cause and may order a second-level course. Each party pays any course cost. Source: Neb. Rev. Stat. § 43-2928 |
Where to get help in Nebraska
More Nebraska divorce & family law
- Getting a Marriage License in Nebraska
- Adopting a Child in Nebraska
- Guardianship of a Child or Adult in Nebraska
- Establishing Paternity in Nebraska
- Changing Your Name in Nebraska
- How Child Support Is Calculated in Nebraska
- Divorce Records in Nebraska
- Alimony and Spousal Support in Nebraska
- How to File for Divorce in Nebraska
- Legal Separation and Annulment in Nebraska
- All Nebraska divorce & family law rules
FAQ
How is child custody decided in Nebraska?
Custody and parenting time are decided under the Parenting Act based on the child's best interests. Factors include the child's relationship with each parent, the child's wishes (if the child is of an age of comprehension, regardless of age, and the wishes are based on sound reasoning), the child's health, welfare and social behavior, and credible evidence of abuse, neglect or domestic intimate partner abuse. The statute does not create a presumption of joint custody.
How do you get emergency custody in Nebraska?
While a divorce case is pending, either party can apply with a supporting affidavit and the court may issue ex parte orders (without first hearing the other side) determining temporary custody of the minor children, as well as orders restraining disposal of property and orders against disturbing the peace of the other party or children. Ex parte orders on property and temporary custody last no more than 10 days or until a hearing is held, whichever is earlier. An order keeping a party from disturbing the peace of a child may issue only if the requesting party is also given temporary custody of that child.
Do you have to take a parenting class to divorce in Nebraska?
In Parenting Act cases, the court must order all parties to attend a basic-level parenting education course approved by the State Court Administrator; the court may delay or waive it for good cause and may order a second-level course. Each party pays any course cost.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.