Nebraska Child Custody Lawyers
Best Interests of the Child in Nebraska Court Cases
In Nebraska, the best interests of the child is the paramount standard used by courts when making decisions regarding custody, visitation, and other matters affecting a child’s welfare. This principle is rooted in the belief that the child’s well-being should always come first, guiding judges to consider a variety of factors to determine what is best for the child involved.
Comprehensive Legal Assistance for Your Child Custody Needs
When assessing the best interests of the child, Nebraska courts evaluate several critical factors, including:
Child's Age & Developmental Needs
Child's Age & Developmental Needs
Courts consider the child's age, emotional and developmental needs, and how different arrangements might impact their growth and stability.
Child's Preferences
Depending on the child’s age and maturity, their wishes may be taken into account, reflecting their feelings about living arrangements and visitation.
Parental Relationships
The quality of the relationship between the child and each parent is essential. Courts look for evidence of involvement, support, and the ability to nurture the child.
Siblings & Family Relationships
Keeping siblings together or maintaining strong family connections can be significant, promoting emotional security for the child.
Stability & Continuity
Maintaining a stable environment is crucial. Courts favor arrangements that provide continuity in the child’s life, minimizing disruptions to their routine.
Co-Parenting Ability
Keeping siblings together or maintaining strong family connections can be significant, promoting emotional security for the child.
Parental Fitness
Evaluating each parent’s ability to provide for the child’s physical and emotional needs is a priority. Factors include mental health, history of substance abuse, and any history of abuse or neglect.
Parental Alienation
Parental alienation occurs when a parent manipulates a child to reject the other, causing harm and damaging relationships. Early action protects the child’s well-being and ensures healthy family bonds.
Things to be aware of for Child Custody
When a custody dispute arises, parents typically file a motion in the appropriate Nebraska court. The process may involve:
Mediation
You are required to attempt mediation with the other parent at least once, and many courts will encourage parents to continue mediation to help parents reach amicable agreements without the need for a trial.
Custody Evaluation
In some cases, a court may order a custody evaluation to evaluate both parents ability to parent the minor child, the living situation of each parent, and the mental health of each parent.
Guardian ad Litem
A guardian ad litem may be appointed to represent the child’s best interests, providing an objective perspective to the court.
Trial
In the event you and the other parent are unable to reach an agreement on child custody, you will have to take your case to trial. Trial is the least preferrable option as it is expensive and leaves the decision to a Judge who decides custody of your child until they are 19 years of age. The Judge has only hears a limited amount of information about you and makes his or her decision based upon that limited information. Sometimes trials are necessary and our dedicated attorneys have ample trial experience to help you achieve your desired outcome.
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- greg@plainslegalgroup.com
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