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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.

Key Factors Considered

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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.

Parental Relationships

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.

Stability & Continuity

Stability & Continuity

Maintaining a stable environment is crucial. Courts favor arrangements that provide continuity in the child’s life, minimizing disruptions to their routine.

Parental Fitness

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.

Child's Preferences

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.

Siblings & Family Relationships

Siblings & Family Relationships

Keeping siblings together or maintaining strong family connections can be significant, promoting emotional security for the child.

Co-Parenting Ability

Co-Parenting Ability

Courts assess how well parents can communicate and cooperate in raising their child, favoring arrangements that support shared parenting.
The Court Process

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:

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.

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.

A guardian ad litem may be appointed to represent the child’s best interests, providing an objective perspective to the court.

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.

Protect Your Family’s Future

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Understanding the best interests of the child standard in Nebraska is essential for parents involved in custody disputes. By focusing on the child’s needs and fostering a cooperative approach, parents can work towards solutions that promote the health and happiness of their children. Whether through mediation or court intervention, the ultimate goal remains the same: ensuring a stable and loving environment for the child.

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