Child Custody

Custody & Visitation Rights (Parenting Time)

Child custody and visitation (parenting time) may be two very important issues you address in a divorce, paternity or modification case. If you are requesting sole custody, joint custody or parenting time rights, Stephen is a child custody lawyer that will provide zealous representation and protect your rights as a parent.

Custody (Sole, Joint, Physical and Legal)

Physical custody is the amount of time a child physically spends with each parent. Sole physical custody is an arrangement where the child lives with one parent and the other parent has a set visitation schedule. Joint physical custody is an arrangement where the child spends close to equal time with both parents.

Legal custody is the right as a parent to be involved in major decisions concerning your child. Major decisions encompass education related matters, medical treatment and religion of the children and the right to communicate with doctors and teachers.

According to Nebraska Revised Statute 43-2923, the best interests of a child require a parenting plan that provides for a child’s safety, emotional growth, health, stability, physical care, and regular and continuous school attendance and progress for school-age children. The parenting plan should also promote a child’s continued contact with his or her families and parents who have shown the ability to act in the child’s best interests.

In determining custody and parenting arrangements, the court shall consider the best interests of the minor child, which shall include, but not be limited to, consideration of the foregoing factors and:

The relationship of the minor child to each parent prior to the commencement of the action or any subsequent hearing.

The desires and wishes of the minor child, if of an age of comprehension but regardless of chronological age, when such desires and wishes are based on sound reasoning.

The general health, welfare, and social behavior of the minor child.

Credible evidence of abuse inflicted on any family or household member.

Credible evidence of child abuse or neglect or domestic intimate partner abuse.

Obtaining Legal Custody of Your Child

When a parent has legal custody of their child, he or she has the right to make major decisions relative to the child'. A parent who has legal custody of their child can make important decisions such as:

• Which school will the child attend;
• Which religion will the child treat as his/her religion;
• What activities will the child participate in;
• Who will be the child’s doctor and dentist;
• Where will the child primarily reside.

It isn't unusual for a court to award both parents joint legal custody. This is viewed as having the most benefit for the child. Sole custody can be awarded and will usually happen if the other parent is found to be abusive (physically, emotionally, verbally), addicted to drugs or alcohol, extremely hostile with the other parent, refuses any communication with the other parent or incarcerated.

Removal (Relocation) of Your Child From the State of Nebraska

If a parent wants to move with his/her children from the State of Nebraska to another state or jurisdiction, he/she must first obtain an order from the court allowing such a move. The order allows the parent to legally move with his/her children to another state or jurisdiction.

The court in Nebraska will use a two-pronged test in determining the outcome in removal cases:

• Does a legitimate reason for the removal exist?
• Is the removal in the best interests of the minor children?

The parent requesting removal has the burden of satisfying the two-pronged test.

Modifying Custody, Visitation & Support Orders

Modifications of existing child custody and visitation orders or decrees are dealt with on a constant basis in Nebraska. The party seeking the modification has the burden of proving that a material change in circumstances has occurred since the entry of the last order. Even if a material change is shown, the court will not automatically grant a modification; the court must evaluate the facts and circumstances of each case to determine whether a modification is in the best interests of the children.

Stephen frequently represents clients in cases involving modification of orders governing child custody, visitation, and support. Events leading to modification include:

• A change in a parent’s work schedule, making an adjustment in a parenting time schedule necessary.
• The child’s development indicates that it would be to the child’s benefit to spend more time with one parent.
• The child has reached an age where the court will consider the child’s preference.
• A change in one parent’s income can initiate a change in child support.
• A parent moving out of state necessitates a modification in the terms of joint custody and/or parenting time.
• The custodial parent wishes to move out of state with the child, and the other parent objects to removal of the child.
• A parent alienating the children from the other parent.
• A parent repeatedly denying the other parent his/her parenting time.
• Addiction to drugs and/or alcohol.
• A parent going to jail or prison.
• A parent moving to a location within the state, but far enough from the other parent to frustrate parenting time.
  
• A change in the circumstances of an ex-spouse indicates a change in alimony/spousal support.

In Nebraska, parenting time guidelines provide a framework for determining the amount of time each parent spends with their child. Here are some key points regarding parenting time in Nebraska:

1. Paternity and Custody:

• When establishing paternity, custody, parenting time, and child support, it’s essential to follow specific rules and procedures.
• You must file a Complaint for Paternity within 4 years after the child’s birth. If you file after this period, it’s considered too late.
• Generally, the child must have lived in Nebraska for at least 6 months (or since birth) before filing the complaint.
• If the child hasn’t met this residency requirement, consult with a lawyer for guidance.

   2.  Parenting Time Guidelines:

• The Nebraska Supreme Court provides guidelines for minimum hours of parenting time. These guidelines apply unless there are exceptional circumstances.
• Here’s a breakdown based on the child’s age:  Birth to Eighteen Months: Five times a week (daily visits are optimal).
• Eighteen Months to Three Years: Four times a week.
• Three to Eight Years: The guidelines continue to apply.

   3.  Additional Requirements:

• Parents involved in custody or parenting time disputes must:  Complete a co-parenting class approved by the Nebraska Supreme Court and submit the certificate of completion.
• Attempt mediation regarding parenting issues before bringing a contested case to court.

Remember that these guidelines serve as a starting point, and individual cases may vary. Seeking legal advice is crucial to navigate the process effectively. 

Stephen and his staff prepare every case for trial and are prepared to litigate if necessary. If you are in the process of selecting an attorney for a divorce, paternity case or modification, we invite you to contact us.

Parental Alienation

Parental alienation occurs when a child refuses to have a relationship with a parent due to manipulation, such as the conveying of exaggerated or false information, by the other parent. This situation most often arises during a divorce or custody battle, but it can also happen in intact families. The breakdown of the relationship between a child and one of the child’s parents occurs without valid justification.

The perpetrator of parental alienation may employ various tactics:

• A father might falsely tell the child that the child’s mother hates them and never wants to speak to them, even if the mother calls to speak to the child every day.
• A mother could convince her daughter to report—or even believe—that the father physically abused her.
• Offenders may blame the other parent for the collapse of the marriage, punish the child for wanting to pursue a relationship with the parent, or move away, making maintaining a relationship extremely difficult.

The impact of parental alienation on a child can be profound:

• Children may feel confused, sad, and lonely after losing a relationship with one parent.
• They might wonder why they still feel love toward a parent who is portrayed as hating them intensely.
• The absence of evidence to counter the other parent’s lies can be distressing.
• Estrangement is uncertain and potentially prone to change, making it challenging for children to fully grieve their lost relationship.

Signs of parental alienation include:

• Severely restricting the time a child can spend with the other parent, especially defying court orders.
• Making negative comments about the other parent, blaming them for the divorce.
• Making false accusations of abuse or neglect.
• Threatening to withhold affection if the child expresses positive feelings about the absent parent.

In the legal system, parents can fight alienation in court, but rigorous proof is necessary. Courts may mandate reunification programs, where the child spends supervised time with the alienated parent to rebuild the relationship. Treatment may also address the child’s trauma. Many relationships fractured by parental alienation can heal with time.

Parental alienation is handled through civil proceedings and is not an arrestable offense. Some advocate for criminalization due to the lasting damage it inflicts, while others argue against it because parental alienation is difficult to prove and is not a diagnosable syndrome.