Types Of Child Custody In Nebraska

When it comes to children of divorce or separation, Nebraska courts are required to base their decisions "on the best interests of the child," including decisions as to custody.

Higgins Law can help get you the information you need to make an informed decision about your situation. Our lawyer, Matt Higgins, has more than 20 years of experience representing mothers and fathers in Nebraska family law matters. He proudly maintains an AV Preeminent rating* by his peers through Martindale-Hubbell — which is the highest rating for legal abilities and ethical standards.

Types Of Child Custody

The designations s ole physical custody, joint physical custody, sole legal custody and joint legal custody are important in a number of ways depending upon the aspects of your situation that you are considering.

For example, from the point of view of physical possession of the child, sole physical custody does not mean that the other party will have no contact or that he or she may not have contact that exceeds the standard "every other weekend" schedule. From the point of view of support, the court will count the number of overnights the child spends with either parent in order to determine a support amount. Any parent with fewer than 109 overnights per year will pay support on the "basic support calculator." A parent with more than 140 overnights but less than 182 will probably pay support pursuant to the "joint physical custody calculator." Generally, a basic calculation yields a larger support obligation amount than the joint physical custody calculation. The court has discretion to use either calculation if the potential payer has possession between 110 and 140 overnights.

And, as far as records and the child's official address, it is usually the address of the parent with the most overnight time with the child who is designated "primary" in this regard. There are exceptions to all of these rules , but they are too extensive to outline here.

Legal custody, by contrast, has nothing to do with possession of the child (though for obvious practical purposes the parent with legal custody usually has possession of the child the majority of the time). Legal custody has to do with who has the final say, after consultation with the other party, often pursuant to a mechanism set out in a parenting plan into which you and the other parent will be required to enter and governed by the terms of the Nebraska Parenting Act. This applies to medical care, religious upbringing and schooling, among other important parenting decisions.

Schedule Your First Appointment With One Of Our Custody Attorneys

Please contact us by calling 402-933-7600 or by completing an online form. We will schedule appointments to meet your convenience. Our office is located in Omaha, and we handle cases throughout all nearby Nebraska communities.

*AV®, BV®, AV Preeminent® and BV Distinguished® are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell peer review ratings fall into two categories — legal ability and general practice standards.