Nebraska statutes make it clear that there is no presumption favoring either the mother or the father. Nebraska has abolished, as have many other states, the maternal preference, which was a presumption that the mother would be most capable of caring for a child during its earliest childhood years.

How does child custody work in Nebraska?

The parent who has custody of the children must get permission from the Court before moving the children from Nebraska. If the other parent does not object to the move, it will be approved. If the parent who doesn’t have custody of the children objects, there will be a hearing.

How to get full custody of a child in Nebraska?

In Nebraska the parents must either agree to joint custody or the court must find it is in the best interests of the child based on evidence presented at a hearing. The court awards both legal and physical custody.

Can grandparents get custody of grandchildren in Nebraska?

Typically, a Nebraska court will not award custody to the grandparent simply because the grandparent has superior parenting abilities or better means of providing for the child. Often, grandparents will lose custody to a parent, even if the parent has inferior parenting abilities.

What age in Nebraska can a child choose which parent to live with?

There is no magic age that the child gets to decide which parent to live with. Nebraska statutes instruct the trial court to consider 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.

What makes a parent unfit in Nebraska?

Under Nebraska case law, parental unfitness in a child custody case means “a personal deficiency or incapacity which has prevented or will probably prevent, performance of a reasonable parental obligation in child rearing and which has caused, or probably will result in, detriment to a child’s well being”

Can a mother take a child without father’s permission?

In such instances if a mother takes a child away without the fathers consent following an objection being raised then the mother may be guilty of child abduction. Abduction is failure to return the child following an agreed period.

What does full custody mean in Nebraska?

October 21, 2016. You’ve probably heard someone say “I’m going for full custody.” You may be surprised to learn what full child custody in Nebraska really means – and how likely it may be that you’ll get it. When someone says “full” custody, they usually mean sole physical and legal custody.

What do judges look for in child custody cases?

The child’s age, gender, characteristics and background will all be a factor in the decision process. The judge or magistrate will want to ensure that the child is safe from any possible harm and the parent has the ability to meet the child’s needs.

Is adultery a crime in Nebraska?

Adultery is not a crime in Nebraska. Nebraska is a no fault divorce state. Cheating in a marriage may be relevant as to alimony and custody decisions but in most cases it carries little weight in the overall decision.

How do you get full custody of a child?

A parent looking to win full custody should be prepared to state clear reasons why joint custody would not serve the child’s best interests, such as if the other parent has issues with substance misuse or a history of leaving the child home alone for extended periods.

What is considered an unstable home for a child?

The child may reside in a home that is not physically safe or supportive; it may have no heat, electricity, water, sewer disposal. The house may be in general ill repair. The second physical instability comes from the physical interactions that occur between family members.

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