Custody And Parenting Time Longest Practicing Family Law Group in Omaha

Child Custody Attorneys in Omaha, NE

Reliable Legal Counsel for Custody and Parenting Plans in Douglas County

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

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.

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

Understanding Nebraska’s Parenting Act & Child Custody

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 goals of a Nebraska parenting plan are:

  • 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.

Can a Mother Move a Child Away from the Father in Nebraska?

In Omaha, Nebraska, the courts generally presume that it is in the best interest of the child to have both parents involved in their life. However, there are some circumstances in which one parent may be granted primary custody and the other parent may only be allowed limited visitation.

If a parent wants to move a child out of state, they must first obtain the consent of the other parent or obtain permission from the court. If the other parent objects to the move, they can file a motion to block it. The court will then hold a hearing to determine whether or not the move is in the best interest of the child. Omaha child custody lawyers can help parents navigate this process and advocate for their rights.

What Age in Nebraska Can a Child Choose Which Parent to Live With?

In the state of Nebraska, the age at which a child can choose which parent to live with is 19. However, Omaha child custody lawyers note that this is not a hard and fast rule, and that courts will often take the wishes of older children into account when making a custody determination.

Omaha child custody lawyers also stress that even if a child expresses a preference for one parent over the other, the court will still consider what is in the best interests of the child when making a custody determination. Ultimately, the court will always put the needs of the child first in any custody decision.

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.

Why Hire Us?

The Firm Your Family & Case Requires
  • The Firm Other Firms Turn to for Advice
  • We Are Actively Involved in Improving the Law as It Impacts Nebraska Families
  • Over 80 Years of Combined Legal Experience & Results
  • A Team Approach Every Step of the Way