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Custody laws in Nebraska do not favor one parent over the other due to sex. So, without extenuating circumstances, they try to award 50/50 joint custody when possible. This type of custody is favored because it allows the child(ren) to build an equal relationship with both parents.
Facts about Modifying a Parenting Plan in Nebraska You file the complaint with the clerk of the district court in the county where the original order was entered. There is a cost to file a Complaint for Modification. You must notify your child's other parent that you have filed a Complaint for Modification.
Divorce courts are very willing to award 50/50 custody when both parents are deeply involved in their children's lives. However, if one parent can show that they have clearly been the more involved parent, 50/50 custody is much less likely. Unfortunately, that less involved parent is often the dad.
You start the legal process by filing a Complaint for Paternity, Custody, Parenting Time, and Child Support with the clerk of the district court in the county where the child(ren) live(s). If you are proceeding without a lawyer, you must complete all the necessary forms.
The rulings by the Nebraska courts have indicated a two-step analysis is to be applied in child custody cases. First, the trial court will determine whether both parents are fit; second, if both are fit, the court will decide the custody arrangement that is in the best interests of the child.
Nebraska, unlike some other states, does not allow a child to choose who to live with. Rather, the court may consider the well-reasoned preferences of a child, at any age.
A father has rights to custody, joint custody, and visitation or supervised visitation. If the court deems that the father is an unfit parent, the judge will determine the extent of custodial and visitation rights.