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Omaha Child Custody Lawyers

Parenting Time and Plans in Nebraska

Child custody and parenting time negotiations can be difficult to navigate. A lawyer can better help ensure that the arrangements set forward are in your and your child’s best interests.

For more information, contact our firm at Slowiaczek Albers. Call (402) 928-2007 or submit a contact form here.

Note that Nebraska’s laws are geared to providing as much contact between both parents and the child as is feasible and reasonable under the circumstances of each case. There are two types of custody: legal custody and physical custody. These can be awarded jointly to both parents or solely to only one parent.

Visitation and Parenting Time

Nebraska’s Parenting Act mandates that each parent attends a co-parenting education course and participate in mediation. In mediation, the parties may agree upon a parenting plan on their own rather than letting a judge decide. The goal is to clearly set forth where the children will be during the weekdays, weekends, holidays, and summers. The parenting plan will establish when and how long a parent may spend time with their child during those periods when a parent doesn’t have physical custody.

If you are negotiating custody of your child following divorce, it is best to have an experienced attorney on your side to ensure everything runs smoothly. For professional legal representation – in the negotiation process or in the courtroom – let one of our lawyers at Slowiaczek Albers help. We will do our best to protect your and your child’s best interests in your custody agreement.

Can the Child Choose Which Parent to Live With?

Regardless of the child’s age, the court will at least consider the child’s preferences of which parent they wish to live with. Of course, their wish must be of sound reason. A judge will only accept reasons that are mature and stay in line with the best interests of the child. Therefore, it is not uncommon for children 12 years and older to have their requests carry more weight. Also, it is the duty of the court to determine whether the child’s wish was due to parent influence.

How to Prove a Parent Unfit

When the court is evaluating a child custody case, there are several factors that will be examined. The fitness of a parent is one of those factors. Being “fit” to raise a child essentially means that you are both mentally and physically capable of carrying out your role as guardian and provider. If a judge rules you to be unfit, then your custody or visitation privileges may be at risk.

Here are several questions that may be assessed by a judge to determine fitness:

  • Does the parent have a history of drug or alcohol abuse?
  • Has the parent shown an unwillingness to work with the court’s decisions?
  • Is there a history of domestic violence or child abuse?
  • Does the parent suffer from a mental illness that limits their capability of caring for and protecting a child?

For additional information, the court may hire an evaluator to monitor the interactions between the parent and child. If applicable, they may interview close friends, therapists, and teachers for insight.

Let Slowiaczek Albers Help! Call (402) 928-2007.

If you are negotiating custody of your child following divorce, it is best to have an experienced attorney on your side to ensure everything runs smoothly. For professional legal representation – in the negotiations room and the courtroom – let one of our lawyers at Slowiaczek Albers help. We will do our best to protect your and your child’s best interests in your custody agreement.

Call (402) 928-2007 or find us online to schedule a consultation with one of our attorneys today.

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