best interests of the child for nebraska

When it comes to child custody in Nebraska, there are two types: legal custody and physical custody. State law compels judges to consider shared legal and physical custody, but if this arrangement is not in the child’s best interests, judges may disregard it.

Nebraska judges have a great deal of flexibility in determining parental rights and duties based on what is in the best interests of the kid under the law.

Nebraska law requires that all parents going through a divorce complete basic parenting training. This course teaches students about parenting arrangements, the impact of divorce on children, the necessity of mediation, and the legal process of divorce. In rare circumstances, a parent may be needed to attend more than one lesson.

When considering custody and parenting arrangements, the court shall consider the minor child’s best interests, which shall include, but not be limited to, the following: NE Code § 43-2923 (2019)

  1. The relationship of the minor child to each parent prior to the commencement of the action or any subsequent hearing;
  2. 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;
  3. The general health, welfare, and social behavior of the minor child;
  4. Credible evidence of abuse inflicted on any family or household member. For purposes of this subdivision, abuse and family or household member shall have the meanings prescribed in section 42-903; and
  5. Credible evidence of child abuse or neglect or domestic intimate partner abuse.

In addition to these statutory “best interests” considerations, a court making a child custody judgment may take into account other factors, including: 290 Neb. 98 (Neb. 2015)

  1. The moral fitness of the child’s parents,
  2. The parents’ sexual conduct;
  3. Respective environments offered by each parent;
  4. The emotional relationship between child and parents;
  5. The age, sex, and health of the child and parents;
  6. The effect on the child as the result of continuing or disrupting an existing relationship; the attitude and stability of each parent’s character; 
  7. The parental capacity to provide physical care and satisfy the educational needs of the child.

The term “joint physical custody” is defined under Nebraska law as “the shared authority and duty of the parents with respect to the child’s place of living.” It also incorporates the principle that the child should spend large blocks of time with each parent on a consistent basis.

Modification of Custody

In Nebraska state law, custody arrangements can be modified. A party requesting a modification must establish that a significant change in circumstances has occurred.

Other issues that courts may examine while determining whether to modify child custody arrangements include the following factors: 879 N.W.2d 409

  1. Moral fitness of the child’s parents, including the parents’ sexual conduct;
  2. Respective environments offered by each parent;
  3. The emotional relationship between child and parents;
  4. The age, sex, and health of the child and parents;
  5. The effect on the child as the result of continuing or disrupting an existing relationship;
  6. The attitude and stability of each parent’s character;
  7. The parental capacity to provide physical care and satisfy the educational needs of the child.

Prospective Adoptive Parents Factors

When assessing whether continuing placement with potential adoptive parents is in the child’s best interests, in similar placement cases elsewhere, the following factors include, but are not limited to: 757 N.W.2d 360 (2008)

  1. The prospective adoptive parents’ ability to provide for the child’s emotional and intellectual development;
  2. The quality of the prospective adoptive parents’ home environment;
  3. The length of placement of the child; and
  4. The financial ability of the prospective adoptive parents to provide for the child.

Caretaking Authority Factors

If it is in the child’s best interests, a court may award caretaking authority to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship.

The following criteria are taken into consideration by the court when determining what is in the best interests of the child: NE Code § 43-4618 (2019)

  1. The emotional, physical, and developmental needs of the minor child;
  2. The minor child’s opinion or preference;
  3. The level of involvement and the extent of predeployment parenting responsibility exercised by the nonparent;
  4. The quality of the relationship between the minor child and the nonparent;
  5. The strength of the minor child’s ties to the nonparent;
  6. The extent to which the delegation would interfere or support the minor child’s existing school, sports, and extracurricular activities;
  7. The age, maturity, and living conditions of the nonparent; and
  8. The likelihood that allowing the delegation would increase or decrease the hostilities between the parties involved.