You arrive at the agreed pickup spot in Omaha right on time, parenting plan in hand, and the other parent simply says, “The kids are not going with you today.” There is no emergency, no explanation that makes sense, and your child is looking at you, confused. On the drive home alone, you start to wonder whether this is legal, whether it is “child custody interference,” and what, if anything, you can actually do about it.
Many parents across Omaha and nearby communities find themselves in this exact position. A parenting plan that looked clear on paper suddenly feels useless when the other parent refuses to follow it, shows up late again, or blocks your calls to the kids. You might feel angry, powerless, and unsure whether calling the police, going back to court, or trying to negotiate will make things better or worse for your child.
At Slowiaczek Albers & Whelan, we have spent decades working with Nebraska parents in high conflict custody and parenting time cases, including situations where one parent’s behavior crosses the line into interference. Our attorneys bring over 80 years of combined experience in Nebraska family law, and our recognition as a “Best Law Firm” in family law reflects the care and strategy we bring to these problems in Omaha. In this guide, we share how child custody interference actually works here, what courts look for, and how to respond in a way that protects both your rights and your child.
Call (402) 928-2007 to speak with our team at Slowiaczek Albers & Whelan about child custody interference in Omaha.
What Child Custody Interference Looks Like in Omaha
In Nebraska, custody and parenting time are usually set out in a written parenting plan that becomes part of a court order. That plan covers legal custody, which is decision making about major issues like school and health care, and physical custody or parenting time, which is where the child lives and when. When parents talk about “child custody interference,” they are usually talking about one parent disrupting the other parent’s court ordered time or ability to participate in decisions.
Court orders in Omaha are meant to be followed, not treated as suggestions. Serious interference often involves a parent flatly refusing to exchange the child at the ordered time, repeatedly “forgetting” to bring the child to visits, or keeping the child’s location secret to prevent the other parent from exercising their rights. It can also include blocking all phone or video contact during the other parent’s time, or cancelling visits without justification over and over again so one parent slowly loses meaningful time.
Not every parenting problem rises to this level. A one time mix up because of a school event or weather, while frustrating, may not be treated as legal interference if it is quickly corrected and does not become a pattern. Even so, Omaha judges look closely at whether each parent consistently follows the parenting plan in good faith and whether the child’s relationship with both parents is being supported. Our work on Nebraska parenting plans has shown us that a clear written order, combined with consistent behavior, makes it much easier to show when the other parent has truly crossed the line.
Because we have handled so many Omaha custody and parenting disputes at Slowiaczek Albers & Whelan, we pay close attention to how judges in this area describe and address interference in their courtrooms. That real world experience shapes how we assess your situation and whether what you are dealing with is typical conflict or something that may need stronger legal action.
Common Signs Your Parenting Time Problems Are Becoming Interference
Parents rarely wake up one day to find that the other parent has suddenly started blocking all contact. More often, interference creeps in as a pattern, and by the time it feels unbearable, months of missed time and tense exchanges have already gone by. One of the most useful things you can do is recognize early warning signs that Omaha courts may later view as a pattern of interference.
You might see the other parent repeatedly cancel at the last minute, always for vague reasons, and always during your time, not theirs. The child may start arriving late every week, cutting hours off your visits, or you may find activities scheduled during your parenting time without your agreement. You may also hear things from your child such as “Mom says I do not have to go if I do not want to” or “Dad says you are too busy to see me,” which can be signs that the other parent is encouraging the child to resist visits.
Another common sign is that communications around exchanges become increasingly hostile or evasive. Simple questions about pickup time go unanswered, or you only receive replies that try to shift blame or change the schedule unilaterally. In some families, the other parent will allow contact when it is convenient for them, but will suddenly claim a child is “not available” every time you try to call during your scheduled time. As these behaviors stack up, Omaha judges are more likely to see them as interference rather than random misfortune.
Because our team at Slowiaczek Albers & Whelan regularly reviews long histories of texts, emails, and incident notes, we understand how these patterns look to a judge sitting in Douglas County or other nearby courts. We look not only at the most shocking incident, but also at the smaller steps that led there. When we talk with you about interference, we help you sort which behaviors are typical co parenting friction and which begin to look like a deliberate attempt to limit your role in your child’s life.
How Nebraska Courts in Omaha Enforce Custody Orders
When a parent in Omaha is dealing with serious interference, the most effective response usually involves asking the family court to enforce the existing order. This often happens through a motion that may seek enforcement, clarification, or, in more serious situations, a finding that the other parent is in contempt of court for violating the parenting plan. The goal is to show the judge that there is a clear order, that it has been violated, and that the violations are harming your parenting time or your child.
In an enforcement or contempt proceeding, the court typically reviews the parenting plan, hears testimony from both parents, and looks at supporting evidence such as logs, messages, and any third party observations. If the judge agrees that the order has been violated, the court may respond in several ways. Possible responses can include ordering make up parenting time, requiring more precise language in the parenting plan, instructing both parents about future compliance, or, in more serious cases, imposing sanctions that might include fines or, in limited situations, jail time for contempt.
There is a difference between enforcing what you already have and asking the court to change custody or parenting time because of interference. In Nebraska, a modification generally requires showing a material change in circumstances and that a new arrangement is in your child’s best interests. Ongoing interference can be part of that analysis, but the court will also consider many other factors, such as each parent’s work schedule, the child’s needs, and how each parent supports the child’s relationship with the other parent. Often, parents in Omaha start with enforcement to address immediate problems and then later decide, with counsel, whether a modification request is appropriate.
As a practical matter, enforcement and contempt motions are usually filed in the same court that issued your existing order, often the district court in Douglas County or another Nebraska county depending on where your case originated. Hearing dates depend on the court’s calendar and the complexity of the issues, so it is wise to plan for weeks rather than days. Because we have active trial experience at Slowiaczek Albers & Whelan, we prepare these cases carefully from the start, anticipating that we may need to present a clear narrative and organized evidence in front of a judge if negotiation does not resolve the interference.
When Calling the Police Helps, and When It Does Not
Many Omaha parents assume that if the other parent will not turn over the child, the police will simply show up and enforce the parenting plan. In reality, law enforcement officers are often limited in what they can do in family law disputes, especially when the parenting order is vague or there are no immediate safety concerns. Most day to day violations of a parenting plan are treated primarily as civil matters for the family court to resolve, not as crimes that police can quickly fix on the spot.
There are situations where involving law enforcement is appropriate. If you genuinely fear that the other parent may try to leave Nebraska with the child in violation of the order, if the child is not returned after a trip or visit and you cannot locate them, or if there are immediate concerns about abuse or neglect, contacting the police can be an important safety step. In those circumstances, an officer might conduct a welfare check, take a report, or respond in other ways depending on the facts and any applicable laws.
Even in less extreme situations, it may make sense to calmly ask an Omaha officer to review the order, document that you attempted to exchange the child, and create an incident report. The officer may explain that they cannot physically force the other parent to comply in that moment, but the existence of a report with a date, time, and brief description can later support your account in court. When you call, focus on presenting the order, stating what is happening, and asking for a report number rather than demanding immediate arrest or force.
From our experience working with families throughout the Omaha area, we know that overusing police involvement or approaching officers in an aggressive way can sometimes backfire. Judges may be less sympathetic if they feel a parent is using law enforcement for every minor dispute. Our role at Slowiaczek Albers & Whelan is to help you decide when police contact is necessary for safety and documentation, and when the better path is to keep detailed records and pursue enforcement through the court instead.
How To Document Custody Interference for a Nebraska Judge
When you feel that the other parent is interfering with your custodial rights, your memory of repeated frustrations may be very clear. Judges in Omaha, however, must base their decisions on specific evidence, not general impressions. A simple, consistent system for documenting incidents often makes the difference between a “he said, she said” argument and a persuasive demonstration of a pattern.
We usually recommend that parents keep a dedicated parenting time log. This can be a notebook, spreadsheet, or secure app where you record the date, the scheduled exchange time and place, what actually happened, and any explanation the other parent gave. For example, an entry might read: “April 5, 4:00 p.m., exchange at school. Order: every Wednesday after school. Other parent did not appear. Texted at 4:10 p.m., response at 5:00 p.m. saying child ‘did not feel like going.’ No make up time offered.” Over weeks or months, this type of detail helps a judge see frequency and patterns.
Texts, emails, and messages inside parenting apps can also be powerful evidence when they are preserved and presented carefully. Save messages where the other parent cancels visits, changes plans without agreement, or says things like “You will not see them for a long time.” At the same time, always write your own messages as if a judge will read them. Avoid name calling, threats, or statements you would not want repeated in court. Calm, clear messages that refer back to the parenting plan often reflect well on you later.
Other documents can support your log. School calendars, activity schedules, and travel itineraries can show how often your time has been displaced. If exchanges take place at a familiar Omaha location and staff there regularly see problems, they may be potential witnesses your attorney can consider contacting. When interference has led to police contact, incident report numbers and copies of reports, if available, can further confirm that you tried to follow the order.
At Slowiaczek Albers & Whelan, our team based approach means that more than one attorney can help review and organize this information before we file anything with the court. We work with you to identify the strongest examples, highlight the most important dates, and put the story into a format that is straightforward for a Nebraska judge to understand. This preparation not only strengthens your enforcement or modification request, it also gives you a clearer picture of what has actually been happening over time.
Protecting Your Child While Avoiding Mistakes That Backfire
When you feel that the other parent is interfering with your time, it is natural to want to fight back. Unfortunately, some instinctive responses can harm your position in court, even if your frustration is justified. Nebraska courts, including those in Omaha, care deeply about the child’s best interests and expect each parent to support the child’s relationship with the other parent whenever it is safe to do so.
One common mistake is “self help,” such as deciding that you will keep the child longer during your time to make up for lost visits, or refusing to return the child at all until the other parent “learns a lesson.” Judges tend to see this as taking the law into your own hands and may treat it as your own form of interference. Similarly, heated confrontations at exchanges, especially in front of the child, can be very damaging. If the other parent records or documents you yelling or making threats, that evidence can overshadow the interference you were trying to address.
Social media can be another trap. Posting about the other parent’s behavior, calling them names, or inviting friends to join in public criticism may feel validating in the moment. In court, those same posts can be read as evidence that you are more focused on attacking the other parent than on your child’s well being. In high conflict Omaha custody cases, judges often remind parents that their online activity is part of the picture when they evaluate who is acting in the child’s best interests.
Better options include keeping your communications brief, calm, and focused on the child and the parenting plan. Using parenting communication apps can create a clear record and reduce opportunities for hostile messages. When interference continues, rely on your documentation and legal channels rather than escalation. Our attorneys at Slowiaczek Albers & Whelan place ethics and professionalism at the center of our work, and we guide clients toward strategies that protect both their case and their children instead of simply “fighting fire with fire.”
When Ongoing Interference Justifies Changing Custody in Omaha
Sometimes, enforcement alone is not enough. If one parent in Omaha persists in interfering with custody or parenting time despite warnings, court orders, or make up time, the situation can become a serious threat to the child’s long term relationship with the other parent. In Nebraska, that kind of ongoing behavior can, in some cases, support a request to modify custody or parenting time.
To change an existing custody arrangement, Nebraska law generally requires a showing of a material change in circumstances and that the proposed change is in the child’s best interests. A pattern of interference can be part of that “material change,” especially when it shows that the current arrangement is not working because one parent will not follow the plan or support the child’s connection with the other parent. The court will look closely at how often interference has occurred, how serious it has been, and how it has affected the child.
In practice, a judge in Omaha might consider whether repeated violations have made the existing parenting schedule unworkable, whether the child is missing large amounts of time with one parent, or whether one parent consistently refuses to share information and make joint decisions. Credible documentation, messages, and testimony from both parents and, when appropriate, other witnesses, all contribute to the court’s understanding of the situation.
Potential outcomes in a modification case can range from relatively small adjustments to significant changes. The court might change which parent is considered the primary residential parent, alter the number of overnights, adjust holidays and vacations, or order conditions such as supervised exchanges or communication requirements. Each case is highly fact specific, and judges weigh interference alongside many other factors affecting the child’s welfare.
Our attorneys at Slowiaczek Albers & Whelan have substantial trial experience with modification cases arising from interference and other ongoing conflicts. We are also active in Nebraska family law organizations and continuing legal education, which keeps us attuned to how judges are currently viewing interference in modification requests. When we evaluate your case, we help you understand whether the pattern you describe is likely to support a modification and what kind of evidence will be most important.
How Our Omaha Family Law Team Can Respond to Custody Interference
If you are dealing with suspected custody interference in Omaha, you do not have to guess about the next step. When you contact Slowiaczek Albers & Whelan, we usually begin by reviewing your existing parenting plan or custody order, listening carefully to your history of missed visits, cancelled exchanges, and communication issues, and identifying any immediate safety concerns. From there, we work with you to decide whether to start with documentation and strategic communication, pursue enforcement in court, consider a modification, or some combination of these paths.
Because we use a team based approach, more than one attorney will think through your case, examine your logs and messages, and help build a clear narrative that fits Nebraska law and Omaha court expectations. Our combined 80 plus years of family law experience, along with honors such as an “AV-Preeminent” rating and recognition by “Best Lawyers” and “Best Law Firms,” reflect the depth of our practice in high conflict matters like interference. We do not shy away from trial when negotiation fails to protect your relationship with your child, and we prepare from the beginning with that possibility in mind.
Every family’s situation is different, and the right strategy depends on your orders, your judge, and your child’s needs. If you believe the other parent is interfering with your custodial rights, an early conversation with an Omaha family law firm that focuses on these cases can help you avoid costly missteps and move from frustration to a concrete plan. We welcome the opportunity to sit down with you, review what has been happening, and talk through your options.
Call (402) 928-2007 to speak with our team at Slowiaczek Albers & Whelan about child custody interference in Omaha.