Amend Court Order For Child Custody
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FAQ
To modify parenting time, one parent must first file a motion with the court. The other parent must also be served with a notice of the motion, much like when the divorce itself was first filed. The court will then take up the case if the motion has merit and everything was filed correctly.
A question that often comes up in a custody case is, at what age can a child decide with which parent they want to live? As most family law attorneys will tell you, legally, the age when a child can decide is 18. At this age they are no longer a child and subject to a custody action.
If you and your co-parent cannot agree about your custody arrangement, you can petition the court for a change. To do so, you must prepare a schedule you think is in your child's best interests. You will also need to fill out an official petition to modify custody from with the court that initially handled your case.
Minor modifications can generally be easily made. Usually, the parents agree on these changes, and a judge quickly reviews them and signs the request into order once adequate cause is proven. Parents are still required to prove adequate cause even if both parents agree to the change.
At what age can a child choose which parent to live with in Nebraska? Nebraska statues instruct the trial court to take into account a child's preference as long as the child is of an age of comprehension and the child's wishes and desires are based on sound reasoning.