When parents are separating or divorcing, one of the most critical issues that arises is how custody will be arranged for the children. In Nebraska, as in many other states, custody can be divided into two main categories: legal custody and physical custody. Understanding how these two types of custody work, how to modify an existing custody order, and the challenges of moving with a child post-divorce is crucial for any parent going through a separation or divorce. This article breaks down these key concepts and offers insights into the legal processes involved.
What Are the Two Types of Custody in Nebraska?
In Nebraska, custody is divided into legal custody and physical custody. Both types of custody play important roles in ensuring that the best interests of the child are met after a divorce or separation. Understanding the differences between these two types of custody is the first step in navigating a custody dispute.
Legal Custody
Legal custody refers to the right to make significant decisions about the child’s life. These decisions typically include:
- Education: Where the child will go to school, what extracurricular activities they will participate in, and decisions about special education needs.
- Healthcare: Which doctors the child will see, what treatments or medications will be administered, and decisions related to medical procedures or surgeries.
- Religion: Which religion, if any, the child will be exposed to or practice.
Legal custody can be awarded as joint or sole custody. Joint legal custody means both parents have equal decision-making power and must collaborate when making decisions related to their child’s well-being. Sole legal custody means that one parent has the exclusive right to make decisions on behalf of the child.
Physical Custody
Physical custody determines where the child will live and how much time they will spend with each parent. This type of custody can also be joint or sole.
- Joint Physical Custody means the child spends significant time with both parents. In Nebraska, joint physical custody typically means that the child spends at least 132 overnights per year with each parent.
- Sole Physical Custody means the child lives primarily with one parent, while the other parent typically has visitation rights.
In most cases, parents agree on a physical custody arrangement that works best for their family. However, if the parents are unable to agree, the court will make a determination based on the child’s best interests.
How Do Courts Decide Custody?
In Nebraska, as with other states, the court’s primary focus in custody decisions is always the best interests of the child. The court will consider several factors, including:
- The child’s age, health, and emotional needs
- The child’s relationship with each parent
- The parents’ ability to provide for the child’s basic needs
- Any history of domestic violence, substance abuse, or neglect
- The child’s preference, if they are old enough to express one
- The willingness of each parent to encourage a relationship with the other parent
The court’s goal is to ensure that the child has a stable and supportive environment that promotes their overall well-being.
Modifying a Custody Order: What You Need to Know
Custody orders aren’t set in stone. Life circumstances change, and sometimes a modification to the custody arrangement is necessary. In Nebraska, if you want to change a custody order, you must file a Complaint to Modify Custody. However, this is not something that can be done on a whim. Nebraska law requires that you show a material change in circumstances since the original custody order was made.
What Is a Material Change in Circumstances?
A material change in circumstances refers to significant changes in either the child’s situation or the parents’ circumstances that affect the current custody arrangement. Some examples of material changes include:
- Changes in the child’s needs: For example, if the child’s needs have changed due to a medical condition or if the child’s preferences change as they grow older.
- Changes in the parents’ circumstances: A parent may have a change in employment, a change in living arrangements, or a significant health issue that affects their ability to care for the child.
- Changes in the child’s relationship with one parent: If one parent’s relationship with the child deteriorates due to neglect, abuse, or other reasons, the court may modify the custody arrangement.
You will need to demonstrate that the changes are substantial enough to warrant a modification of the custody order. This often requires strong evidence, and in some cases, it may be difficult to prove. Courts typically favor maintaining stability for the child, so there must be a clear and compelling reason for the change.
The Process of Modifying Custody Orders
To modify a custody order, you must first file a Complaint to Modify Custody with the court. The complaint should include:
- Details of the current custody order.
- The material change in circumstances that has occurred since the original order was made.
- The proposed modification to the custody order.
Once the complaint is filed, the court will review the request, and a hearing may be scheduled. During the hearing, both parents will present their case, and the judge will determine whether the changes in circumstances justify a modification of the custody order.
If the judge grants the modification, the new custody order will be enforced. If the modification is denied, the existing custody arrangement will remain in place.
Relocation with Your Child: The Legal Process
One of the most contentious issues in custody cases is relocation. If a parent wishes to move out of state with the child, they must seek the court’s permission, especially if the move will impact the child’s relationship with the non-relocating parent. Nebraska law requires the parent seeking to relocate to prove that the move is in the best interests of the child and that it won’t negatively affect the non-relocating parent’s relationship with the child.
The Farnsworth Factors
When a parent requests to relocate with the child, the court will evaluate the request based on the Farnsworth factors, which include:
- The reason for the move: The parent must demonstrate that the move is for a legitimate reason, such as a job opportunity or to be closer to family.
- The child’s relationship with the non-relocating parent: The court will consider how the move will affect the child’s relationship with the parent who is staying behind.
- The child’s best interests: The court’s primary concern is always the child’s well-being. The court will assess how the move will affect the child’s stability, school, and social life.
If the court finds that the move is in the child’s best interest and that it will not disrupt the relationship with the non-relocating parent, it may approve the request to relocate. However, if the court believes the move would have a negative impact on the child’s relationship with the other parent, the request may be denied.
Challenges of Custody and Relocation Cases
Custody and relocation cases are some of the most challenging family law cases. These issues can cause emotional stress for both parents and children, and the legal process can be long and difficult. It’s important for parents to be prepared to work with their attorneys to present the best case possible. Strong evidence, such as documentation of the material change in circumstances or the reason for relocation, can significantly impact the outcome of the case.
Custody and Relocation in Nebraska
Custody decisions are never easy, but they are essential for ensuring that the best interests of your child are met. Whether you’re dealing with legal custody, physical custody, modifying an existing order, or seeking to relocate with your child, understanding Nebraska’s laws and processes is crucial for achieving a favorable outcome.
If you’re facing custody or relocation issues, it’s important to have experienced legal representation. Contact Husker Law today for guidance on your custody case. We are here to help you navigate the complexities of family law and ensure that your child’s needs are always a top priority.
