Nebraska Specific

Nebraska Child Custody: How Judges Decide

In Nebraska, custody decisions are based on the best interest of the child. The state has a presumption favoring joint custody — meaning both parents share decision-making and time with the children.

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Legal vs. Physical Custody

Legal Custody

The right to make major decisions about your child's life: education, healthcare, religion, activities. In Nebraska, joint legal custody is the default presumption.

Physical Custody

Where the child actually lives day-to-day. Joint physical custody means roughly equal time. Primary custody means one parent has the child most of the time.

Best Interest Factors in Nebraska

✓The child's health, safety, and welfare

✓Each parent's ability to care for the child

✓The child's existing ties to home, school, and community

✓History of domestic violence or substance abuse

✓Each parent's willingness to foster the child's relationship with the other parent

✓The child's preference (if old enough and mature enough)

✓Each parent's mental and physical health

✓The stability of each parent's home environment

Common Custody Schedules

Alternating weeks (50/50)

One week with each parent. Works best when parents live close together.

2-2-3 rotation (50/50)

Shorter stretches — 2 days, 2 days, 3 days alternating. Better for younger children.

Every other weekend + weekday

Primary parent has child most of the time; other parent gets every other weekend plus a weekday. Roughly 80/20.

3-4-4-3 schedule (50/50)

3 days/4 days one week, then 4 days/3 days the next. Consistent midweek transitions.

Mistakes That Hurt Custody Cases

✗Badmouthing the other parent in front of children
✗Denying court-ordered parenting time
✗Moving away with children without court permission
✗Posting negative things about your spouse on social media
✗Using children as messengers or spies
✗Being inflexible to punish the other parent

Every situation is different

Tell our AI advisor about your children's ages, your work schedules, and your situation. We'll help you explore realistic custody options in Nebraska.

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Legal Disclaimer: This article covers Nebraska divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a licensed Nebraska family law attorney for advice specific to your situation.