In Nebraska, child custody is based on the best interest of the child. If two parents who are separated or divorced cannot come up with a viable agreement for child custody, the Nebraska family court will have to step in and make a determination according to Nebraska law that works best for the child. At the Law Offices of Johnson & Pekny, LLC, we help to sort out the differences between Omaha mothers and fathers to ensure their child’s best interests are upheld in child custody agreements.
Determining Child Custody
In making a child custody determination, several factors are taken into consideration by the court, 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.
Before two parents who cannot agree on child custody head to family court in Omaha, accompanied by their respective Omaha child custody lawyers, they will be expected to try to create a parenting plan. This “plan” establishes a list of things, including 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, and 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 can 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 essentially means that the parents have equal rights regarding the decision-making for their child.
Omaha Child Custody Order Modifications
The living situation for Nebraska parents can change at the drop of a dime. One parent might be offered a job out of state or may simply need to move to another school district. Alternatively, children’s needs will 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 quite often time for a child custody modification to be discussed.
Contact Our Firm
The Law Offices of Johnson & Pekny, LLC helps parents in Omaha, Plattsmouth and Blair with all of the issues that develop in child custody disputes. If you need help with a new or modified child custody arrangement, contact our offices in Omaha (402) 298-8288.