Your children deserve you | protect the bond that matters

As a father, you may wonder if the courts will truly recognize your role in your child’s life. Whether you’ve shared parenting responsibilities from day one or are seeking to establish your place after time apart, custody isn’t just about visitation schedules — it’s about protecting the bond you share with your children. At Plains Legal Group, we fight for fathers to be treated as essential, not optional. Our focus is on securing parenting arrangements that reflect your involvement, protect your rights, and prioritize your child’s stability and well-being.

Custody Is More Than a Schedule

Custody Is About More Than Time

Custody isn’t just about calendars and court orders — it’s about your child’s stability, safety, and emotional well-being. Whether you’re a mother or father, your role as a parent matters. We start by listening to your story, your child’s needs, and what “family” looks like in your life.

Clarity in Custody Law

Nebraska custody law focuses on the “best interests of the child,” but that can feel vague or uncertain when your future is at stake. From legal vs. physical custody to parenting plans and court expectations, we simplify the process so you know exactly what factors judges consider and how to prepare.

Child-Focused, Resolution-Driven

Our philosophy is simple: we protect the bond between parent and child without making things worse. We pursue negotiated parenting plans and mediation wherever possible, but we’re fully prepared to litigate when safety, fairness, or stability demands it. Our goal is not just to win custody orders, but to help secure your child’s future.

The Nebraska Custody Guide for Dads

How to Protect Your Rights, Your Time, and Your Bond with Your Children

Introduction: Your Children Deserve You

If you're a father facing custody issues in Nebraska, you might be wondering:


"Do dads even have a chance?"

The answer is: Yes, you absolutely do. And at Plains Legal Group, we’re here to make sure your voice is heard and your relationship with your children is protected.

Our firm is built on one principle: we’re about the family, not the fight. That means we pursue solutions, not battles—while standing firm when your rights as a father are on the line.

This guide will help you understand custody law in Nebraska, avoid common mistakes, and advocate effectively for your role in your children’s lives.

Greg Lake | Founder

Understanding Custody in Nebraska

IIn Nebraska, custody is broken into two parts:

  • Legal Custody: The right to make major decisions (education, medical care, religion)

  • Physical Custody: Where the children live and how parenting time is divided

You can have:

  • Joint Custody: Shared decision-making or parenting time

  • Sole Custody: One parent has full legal or physical responsibility

The default assumption is not that moms get everything. The law focuses on the best interests of the child—and that includes strong involvement from both parents.

Best Interests of the Child – What Judges Consider

Courts weigh several factors, including:

  • The child’s relationship with each parent

  • The parent’s ability to provide stability

  • History of parenting involvement

  • The willingness of each parent to support the child’s relationship with the other

  • Domestic violence, substance abuse, or neglect (if present)

Judges care about involvement, maturity, and stability. Show up. Stay calm. Be consistent.

Common Challenges Fathers Face—and How to Overcome Them

“She’s alienating the kids from me.”
Keep records. Stay respectful. The court takes parental alienation seriously.

“She’s accusing me of things that aren’t true.”
Document everything. We know how to counter false narratives with facts, not emotions.

“I moved out and now she won’t let me see the kids.”
Leaving the home doesn’t mean giving up your rights. We’ll help restore a parenting schedule ASAP.

Your Rights as a Dad

  • You have the right to petition for joint or sole custody

  • You have the right to parenting time—even if you weren’t married to the child’s mother

  • You have the right to be notified of medical, educational, and legal decisions

  • You have the right to seek modification if your circumstances change

Most importantly: you have the right to be a dad. We’ll help you protect it.

Parenting Plans & Schedules

Nebraska requires a Parenting Plan in all custody cases. It should cover:

  • Weekly schedules

  • Holidays and birthdays

  • Transportation

  • School and medical decisions

  • How you’ll handle disputes

We help fathers craft parenting plans that are fair, realistic, and judge-approved—without being bullied into one-sided deals.

When to Settle vs. When to Fight

We believe in negotiated parenting plans. They reduce conflict, give you more control, and are usually better for your children.

But if negotiation fails?

We go to court with:

  • Clear documentation

  • Strategic testimony

  • Expert witnesses (when needed)

  • A plan focused on your child’s needs—not just your rights

How to Be Your Best Advocate

Even before court, your behavior matters. Here's what helps:

  • Stay involved—attend school events, doctor visits, and activities

  • Communicate respectfully, especially in writing

  • Avoid social media rants or text fights

  • Follow temporary orders to the letter

  • Keep records of everything

Every interaction can become evidence. Be consistent, respectful, and focused on your child’s well-being.

Why Your Lawyer Matters

Ask any attorney you consider:

  • How many custody cases have you handled for dads?

  • Do you understand what judges look for in parenting plans?

  • Will you fight for equal time—or tell me to settle?

At Plains Legal Group:

  • We advocate for equal, meaningful time between dads and their children

  • We build a clear strategy from Day One

  • We pursue peace—but prepare for court

Bonus Checklist: Prepare for a Strong Parenting Case

Have ready:

  • A proposed parenting schedule

  • A calendar showing past involvement (pickups, activities)

  • Communications with the other parent

  • School records, if relevant

  • Witnesses who’ve seen you parent

  • Your child’s needs, interests, routines

Bonus Checklist: Prepare for a Strong Parenting Case

Being a good father isn't a legal argument—it’s a lived truth. You’re not just fighting for “custody.” You’re protecting a bond that matters every day, for the rest of your child’s life.

We’re here to help you protect that bond, without starting a war.

Let’s build a parenting plan that reflects who you are—and who your children need.

This guide is for educational purposes only and does not constitute legal advice. For personalized legal support, consult a licensed Nebraska attorney.

Custody & Parenting Time FAQs – Nebraska

Protecting Your Relationship with Your Child

Custody and parenting time decisions shape your child’s day‑to‑day life. In Nebraska, the focus is always the child’s best interests. At Plains Legal Group, we help parents build practical, healthy parenting plans and resolve custody disputes with dignity — and we’re ready for trial when necessary.

1. How does Nebraska decide who gets custody?

Nebraska courts decide custody based on the best interests of the child. Judges consider each parent’s relationship with the child, the child’s needs, and the parents’ ability to cooperate. The goal is a stable environment that supports the child’s emotional, educational, and physical well‑being.

2. What’s the difference between legal custody and physical custody?

Legal custody refers to decision‑making authority over major aspects of a child’s life (education, healthcare, religion). Physical custody determines where the child lives and how parenting time is shared. Parents can share both, or one parent can have primary custody.

3. What does “joint physical custody” mean in Nebraska?

Joint physical custody means both parents have significant, but not necessarily equal, parenting time. Schedules might be week‑on/week‑off, 2‑2‑3, or another rotation. The emphasis is on maintaining strong bonds with both parents.

4. Does Nebraska favor mothers in custody cases?

No. Nebraska law is gender‑neutral. Courts focus entirely on the child’s best interests, not on which parent is the mother or father. What matters is each parent’s ability to meet the child’s needs and support a healthy relationship with the other parent.

5. What factors does the court consider when deciding custody?

Courts look at each parent’s involvement, the child’s relationship with parents and siblings, home stability, the physical and mental health of the parents, and each parent’s willingness to encourage a relationship with the other parent.

6. Can children choose which parent to live with?

Not directly. Courts may consider a child’s preference, especially as they grow older, but it’s never the sole deciding factor. The child’s wishes are weighed alongside other evidence about what best serves their overall well‑being.

7. How does shared custody affect child support?

Shared custody is calculated under Worksheet 3 of the Nebraska Child Support Guidelines, which accounts for both parents’ incomes and the number of overnights. Shared parenting time usually reduces the overall obligation for the paying parent.

8. What if the other parent violates the custody order?

If a parent denies parenting time or refuses to follow the court‑ordered schedule, you can file a motion for contempt. Courts take repeated violations seriously and can impose sanctions, award makeup time, or modify custody in extreme cases.

9. Can I deny visitation if my ex isn’t paying support?

No. Parenting time and child support are separate legal obligations. Withholding visitation for missed payments can put you in contempt. Unpaid support should be enforced through the court or Child Support Enforcement.

10. What if my child doesn’t want to go to the other parent’s house?

Don’t unilaterally stop visitation. Courts expect parents to encourage compliance with orders. If refusal becomes chronic, document what’s happening and seek legal advice — counseling or schedule adjustments may be appropriate.

11. Can I move out of Nebraska with my child?

To relocate out of Nebraska with your child, you must obtain court approval and a modification of your custody order. You’ll need to show that the move serves legitimate interests (such as employment or remarriage) and the best interests of the child.

12. What if the other parent moves away?

If the other parent relocates far enough to impact your schedule, you can request a modification. Courts adjust parenting time to reflect distance, travel expenses, and what remains practical for the child.

13. How are holidays and vacations divided?

Holiday schedules are typically alternated each year (e.g., Thanksgiving even/odd years). Vacations are usually one or two weeks in summer with reasonable notice. Good plans account for travel and special family traditions.

14. What if one parent constantly interferes with parenting time?

Repeated interference — cancellations, gatekeeping, alienating behavior — can lead to contempt or even a custody modification. Judges view interference as unwillingness to support the child’s relationship with the other parent.

15. Can custody be modified later?

Yes. Custody can be changed if there has been a material change in circumstances since the last order — relocation, health changes, or ongoing interference. The change must be significant and affect the child’s welfare.

16. How does the court handle substance abuse or mental health concerns?

The court’s priority is safety. A parent with substance abuse or mental health issues may need treatment, testing, or supervised visitation. Demonstrating recovery and compliance with therapy can restore trust over time.

17. What is supervised visitation?

Supervised visitation allows a parent to spend time with their child under the observation of a neutral third party or provider. It’s used when safety or emotional stability is a concern.

18. How is parenting time scheduled for infants or toddlers?

Plans for very young children often start with shorter, frequent visits that respect routines and bonding. As the child grows, visits gradually lengthen and transition to overnights.

19. How does mediation help with custody disputes?

Mediation lets parents design parenting plans tailored to their family. It’s confidential and keeps decision‑making in your hands instead of the court’s.

20. What if we already have an informal custody arrangement?

If it’s working, that’s a great start — but informal agreements aren’t enforceable. To protect everyone, formalize the arrangement in writing and file it with the court.

21. How can Plains Legal Group help me protect my parental rights?

We guide parents through every stage — initial plans, modification, and enforcement. We aim for peaceful solutions whenever possible, and we’re prepared to go to court if necessary.

Email: [email protected]

Phone: (531) 541-6291

Address Office: 1299 Farnam Street, Suite 370, Omaha Nebraska 68102