Child Custody

Whether or not you are married, you want to protect your parental rights and your children’s welfare in the event of divorce or separation. At Johnson & Pekny, LLC, we represent mothers and fathers in Blair, Omaha, Plattsmouth, and throughout eastern Nebraska going through a divorce, or child custody or paternity actions. We seek practical resolutions that help parents to ensure their child’s best interests are protected.

We are here to help you determine the right plan for your family’s needs. Schedule a free consultation with one of our child custody attorneys by calling (402) 298-8288.

Protecting Parents’ Custody and Visitation Rights

Child custody does not have to be a battle. Many options are available for parents to amicably achieve equitable parenting time. Our attorneys will take time to understand your situation and discuss important issues such as:

• Weekly parenting time schedules
• Vacations and holidays
• Making decisions about parental input on religion, education, and values
• Child support obligations

Most family law judges seek to have parents share joint custody of children, if possible, understanding that children often benefit from maintaining meaningful relationships with both parents. Our attorneys can help you and your former partner create a workable parenting plan to present to a judge. By developing a parenting plan on your own, you don’t need to leave this important issue up to a judge.

While we strive for amicable resolutions, we understand that this is not possible in every case. We will aggressively protect your parental rights when sole custody may be the best option for your children, such as in a case involving allegations of domestic violence or abuse.

Determining Child Custody

The court takes several factors into consideration when making a custody determination, including:

• The previously established bond between each parent and the child;
• The ability of each parent to provide for the needs of the child;
• The health and moral fitness of each parent;
• The environment each parent would offer;
• The child’s involvement in school and activities in the community;
• The stability of character of each parent;
• The child’s welfare;
• Whether or not any child abuse has taken place; and
• What the child wants.

Parenting Plan

Before parents head to family court in Nebraska, they will be expected to try to create a parenting plan. This plan establishes which parent will make decisions that affect the child, how each parent will spend time with the child, and where the child will celebrate holidays. The parenting plan can be as detailed as both parents desire. If the parents cannot agree amicably on the specifics, the court will create one based on the best interests of the child.

Child Custody Orders  

Omaha child custody orders detail where the child will live, go to school, spend vacations and holidays, and how visitation will be handled for the non-custodial parent. The court may award joint legal custody to both parents, however it will usually specify which parent the child will live with and which parent will be awarded visitation, even in joint custody situations. Joint custody means that the parents have equal rights regarding the decision-making for their child.

Child Custody Modifications

Even though your parenting plan will set the stage for moving forward, your needs may change over time. Our lawyers can help you seek parenting time modifications to existing plans for reasons such as relocation and other instances where a substantial change in circumstances has occurred.

The living situation for Nebraska parents can change unexpectedly. One parent might be offered a job out of state or may simply need to move to another school district. Children’s needs also change over time as they grow and get involved in activities and sports. When life changes occur and create a conflict with the child custody order, it is often time to discuss a custody modification.