Protect the life you’ve already built

As a mother, you’ve carried the weight of raising your child — often without recognition, sometimes without support. Now, with custody on the line, you may be worried about protecting the stability you’ve worked so hard to create. At Plains Legal Group, we understand your story and your sacrifices. Our role is to secure a custody arrangement that reflects your child’s needs and preserves the foundation you’ve already built for their future.

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 Child Custody Guide for Single Mothers

Protecting Your Child, Your Rights, and Your Peace of Mind


Introduction: You’ve Been the Anchor—Now Let’s Secure the Foundation

As a single mom in Nebraska, you’ve likely shouldered more than your share of parenting responsibilities—without help, without recognition, and sometimes without legal protection.

Now, you're facing a custody case, and you’re wondering:

  • “Will I lose time with my child?”

  • “Does he really get to come back into our lives after being absent for so long?”

  • “How can I protect my child without starting a war?”

At Plains Legal Group, we believe your story matters. We know how hard you’ve worked, how much you’ve sacrificed, and what’s at stake. Our job is to help you secure a custody arrangement that protects your child’s well-being—and reflects the life you’ve already built.

We’re here to give you clarity, control, and peace of mind.

Greg Lake | Founder

Establishing Custody and Paternity

In Nebraska, unmarried mothers automatically have sole legal and physical custody—until a court order says otherwise.

But if the father files a paternity or custody action, the court will begin a legal process to determine:

  • Paternity (if not legally established)

  • Custody (legal and physical)

  • Parenting time

  • Child support

If paternity hasn’t been legally established, you do not have to allow parenting time until the court issues an order. But keep in mind: once paternity is confirmed, the court will begin crafting a custody order based on the child’s best interests.

What Are the Child’s Best Interests

Nebraska judges consider:

  • The child’s relationship with each parent

  • The emotional ties and caregiving history

  • The child’s age, health, and developmental needs

  • Each parent’s ability to provide a safe, stable home

  • Domestic violence, neglect, or substance abuse

  • Each parent’s willingness to encourage the child’s relationship with the other

You don’t need to prove your child’s father is a bad parent. You just need to show what’s best for your child going forward—and that means putting structure and safety above entitlement.

What If the Father Hasn’t Been Involved

If he has never met the child—or has been absent for years—the court may:

  • Specific pick-up/drop-off times and locations

  • Limits on substance use during parenting time

  • Supervised visits (if needed)

  • Required counseling before contact

  • Rules around communication, travel, and schedule changes

We’re not here to “punish” the father—we’re here to protect your child.

You’re Not Alone in This Process

We work with moms just like you who:

  • Have done all the parenting, all along

  • Are afraid of losing control of their child’s life

  • Want peace, not conflict—but need protection too

  • Don’t want their child caught in a legal tug-of-war

You deserve a legal team that listens, explains the process, and helps you stay in control.

When to Settle vs. When to Stand Firm

At Plains Legal Group, we don’t believe every case belongs in court. But some do.

We settle when:

  • The father is cooperative and child-focused

  • You agree on a realistic parenting plan

  • It’s in the child’s best interests to avoid litigation

We go to court when:

  • He refuses to listen to professionals

  • He tries to bully or gaslight you

  • The child’s safety or stability is at risk

We believe in solutions—but we never hesitate to litigate when it protects your child.

Bonus Checklist: What to Bring to Your Attorney

Bring these to your consultation:

  • Any past communications with the father (texts, emails, social media)

  • A timeline of the father’s involvement or absence

  • School or medical records showing your role as the primary parent

  • A proposed parenting plan (we can help build it)

  • A record of child-related expenses

  • Any concerns about safety or emotional harm

Choosing the Right Attorney

You’ve already done the hardest job—raising your child with love, consistency, and strength. Now, it’s time to make sure the law catches up with reality.

Let us help you build a legal plan that protects what you’ve already created. We’ll help you secure your child’s future—and your peace of mind.

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