Co-Parenting App for Nebraska Parents

What Nebraska courts consider in custody decisions

Nebraska's Parenting Act (§§ 43-2920 through 43-2943) governs custody determinations. Under § 43-2923(6), courts consider the relationship of the minor child to each parent prior to the commencement of the action, the desires and wishes of the minor child (if of an age of comprehension regardless of chronological age), the general health, welfare, and social behavior of the minor child, credible evidence of abuse inflicted on any family or household member, and credible evidence of child abuse or neglect or domestic intimate partner abuse. Nebraska uniquely requires every custody order to include a parenting plan developed under the Parenting Act framework, and courts must also consider each parent's willingness to encourage a meaningful relationship between the child and the other parent.

How the custody process works in Nebraska

Nebraska custody cases are filed in District Court. The Parenting Act requires submission of a parenting plan as part of every custody proceeding — parents may submit an agreed plan or each submit their own proposed plan for the court to decide. Mediation is available through court-connected programs, and under § 43-2937, the court may order specialized alternative dispute resolution in high-conflict cases. The court may appoint a guardian ad litem or a parenting coordinator to assist with ongoing implementation of the parenting plan.

Key Nebraska custody statutes

• Neb. Rev. Stat. § 43-2923
• Neb. Rev. Stat. § 43-2929
• Neb. Rev. Stat. § 43-2937