In Nebraska, when it comes to child custody, parenting time, visitation, and other access, Nebraska Revised Statute 42-364 outlines important guidelines.

1. Parenting Plan Development:

• In actions involving child support, child custody, parenting time, visitation, or other access, the parties and their counsel (if represented) are required to develop a parenting plan as provided in the Parenting Act.
• If the parties and counsel do not create a parenting plan, the complaint should indicate this, and the case will be referred to mediation or specialized alternative dispute resolution as outlined in the Parenting Act.
• In certain circumstances, the mediation or specialized alternative dispute resolution requirement may be waived by the court, provided there is good cause and specific conditions are met.

    2.  Custody Determination:

• The decree in an action involving the custody of a minor child must address both legal custody and physical custody based on the best interests of the child, as defined in the Parenting Act.
• The court can incorporate either: A parenting plan developed by the parties (if approved by the court), or
• A parenting plan developed by the court based on evidence produced after a hearing in open court if no plan is developed by the parties or if the parties’ plan is not approved by the court.
• The decree must conform to the Parenting Act.

    3.  Equal Consideration for Parents:

• The court must not give preference to either parent based on sex or disability.
• No presumption exists that either parent is more fit or suitable than the other.
• Custody decisions are made based on the best interests of the child, as defined in the Parenting Act.
• Unless parental rights are terminated, both parents continue to have rights as stated in section 42-3811.

    4.  Joint Custody:

• Custody of a minor child may be placed with both parents on a joint legal custody or joint physical custody basis, or both: When both parents agree to such an arrangement in the parenting plan, and the court determines it is in the child’s best interests.
• If the court specifically finds, after a hearing in open court, that joint physical custody or joint legal custody (or both) is in the best interests of the minor child, regardless of parental agreement or consent