Even in amicable separations, child custody decisions are deeply emotional and legally complex. At the Law Office of Julie Fowler, PC, LLO, we understand that custody disputes affect not just you, but your child’s stability, wellbeing, and future. We provide experienced, compassionate legal representation to help you navigate custody matters with clarity and confidence.

Whether you’re establishing custody for the first time, modifying an existing arrangement, or enforcing a custody order, our goal is to protect your parental rights while prioritizing your child’s best interests.

Schedule Your Free Custody Consultation

How Nebraska Courts Determine Child Custody

Nebraska courts make custody decisions based on one principle: the best interests of the child. Understanding the legal framework helps you prepare for custody proceedings.

The Two-Tiered Approach to Custody

Nebraska law recognizes two distinct types of custody:

Legal Custody
Legal custody grants a parent the authority to make major decisions about the child’s life, including education, healthcare, religious upbringing, and other significant matters. Courts may award joint legal custody (both parents share decision-making) or sole legal custody (one parent makes decisions).

Physical Custody
Physical custody determines where the child primarily resides and how parenting time is divided. Courts may award joint physical custody (child spends substantial time with both parents), sole physical custody (child primarily resides with one parent), or split custody (multiple children divided between parents).

Factors Courts Consider in Custody Decisions

When determining custody, Nebraska courts evaluate:

• The child’s wishes and preferences (depending on age and maturity)
• The quality of each parent’s relationship with the child
• Each parent’s historical involvement in caregiving
• The stability of each parent’s home environment
• The child’s social behavior, health, and overall welfare
• Each parent’s ability and willingness to foster the child’s relationship with the other parent
• Any credible evidence of abuse, neglect, or substance abuse issues
• The child’s adjustment to home, school, and community
• Each parent’s physical and mental health

Courts are prohibited from awarding custody based on a parent’s gender or disability.

Joint Custody vs. Sole Custody:
Understanding Your Options

Joint Legal Custody
Both parents share the authority to make major decisions about the child’s life. This arrangement reflects the principle that children benefit from both parents’ involvement in important decisions. Joint legal custody does not necessarily mean equal parenting time.

Sole Legal Custody
One parent has the authority to make major decisions about the child’s upbringing. The non-custodial parent typically maintains parenting time and can petition the court if they believe major decisions aren’t serving the child’s best interests.

Joint Physical Custody
The child spends substantial, regular time with both parents. While not always exactly 50/50, joint physical custody aims to provide meaningful contact with each parent and minimize disruption to the child’s life.

Sole Physical Custody
The child primarily resides with one parent. The other parent typically has scheduled visitation rights and may share in decision-making through joint legal custody.

Establishing a Parenting Plan in Nebraska

Nebraska law requires both parents to take a court-approved parenting class and attempt mediation before custody is finalized. A comprehensive parenting plan addresses:

• Custody and visitation schedules (weekdays, weekends, overnights)
• Holiday and summer vacation arrangements
• How parents will handle day-to-day decisions
• Procedures for transferring the child between parents
• How parents will communicate about the child
• How major decisions will be made (healthcare, education, religion)
• Provisions for handling school attendance and involvement
• Safety protocols and emergency procedures
• What constitutes material changes allowing modification
• Dispute resolution procedures if parents disagree

Clear, detailed parenting plans prevent future conflicts and provide enforceable guidelines if disputes arise.

What Makes a Parent “Unfit” in Nebraska?

While Nebraska courts presume both parents should remain involved in the child’s life, certain factors may impact custody decisions:

Abuse or Neglect
Any documented history of child abuse or neglect is a serious concern. Courts will prioritize the child’s physical safety above all other considerations.

Substance Abuse Issues
Active substance abuse that impairs a parent’s ability to provide safe, stable care significantly impacts custody decisions. Courts may require drug testing or treatment.

Domestic Violence
History of domestic violence in the home, whether directed at the child or between parents, raises serious safety concerns.

Criminal Activity
A history of criminal conduct, particularly crimes involving violence or threats to children, may disqualify a parent from custody or require supervised visitation.

Mental Health Issues
Extreme mental health conditions that directly impact a parent’s ability to provide safe, stable care may be considered. Simple diagnosis of depression or anxiety doesn’t necessarily affect custody.

Lack of Involvement or Abandonment
A pattern of disengagement, failure to support the child, or abandonment may be considered when determining custody.

Modifying an Existing Custody Agreement

Life circumstances change. If either parent experiences a material change in circumstances that impacts the child’s best interests, the custody order can be modified. Material changes include:

• A parent’s job loss, relocation, or significant income change
• Changes in the child’s needs due to age, health, or development
• One parent’s failure to honor the existing custody arrangement
• Changes in a parent’s health or ability to care for the child
• The child’s expressed preference to modify arrangements (depending on age)
• Significant changes in the other parent’s circumstances affecting the child’s welfare

We help you file for modification and present evidence showing how changed circumstances now require a different custody arrangement.

Parenting Time and the Parenting Class Requirement

Nebraska requires both parents to complete a certified parenting education class covering:

• The impact of divorce and custody arrangements on children
• Communication and conflict resolution strategies
• Age-appropriate parenting techniques
• How to support the child’s relationship with both parents
• Financial and legal responsibilities

We guide you through this requirement and ensure your parenting plan reflects what you learned.

Child Custody & Child Support

Custody and child support work together to serve your child. Even in joint custody situations, child support ensures both parents contribute financially to the child’s care. We help you:

• Understand Nebraska’s child support guidelines
• Ensure accurate income reporting
• Establish appropriate support amounts based on custody arrangements
• Modify support if custody or income changes significantly
• Enforce support orders if payments are missed

Special Custody Situations

Removal and Relocation Cases
If one parent wants to move out of state with the child, court approval is required. We represent parents seeking to relocate and those challenging relocation to protect their custodial rights.

Interstate Custody Disputes
Custody disputes involving multiple states require knowledge of federal law (Uniform Child Custody Jurisdiction and Enforcement Act) and the laws of each state involved. We have experience navigating these complex cases.

Grandparent Custody and Visitation
In some situations, grandparents seek custody or visitation rights. We represent both grandparents seeking rights and parents protecting their custody.

Paternity and Custody Establishment
When custody must be established for the first time (unmarried parents), we help establish paternity and custody arrangements.

What to Expect When Working With Us

Honest Assessment of Your Case
We provide realistic evaluation of your custody situation, including what a court is likely to award and what compromises might serve your child’s best interests.

Strategic Planning
We develop custody strategies tailored to your family’s circumstances, considering your work schedule, the child’s needs, school, and practical considerations.

Skilled Negotiation
Most custody matters settle through negotiation or mediation. We advocate firmly for your rights while working toward agreements that serve your child.

Thorough Trial Preparation
If settlement isn’t possible, we prepare your case comprehensively, gathering evidence, preparing you for testimony, and presenting your case persuasively to the court.

Compassionate Guidance
We understand custody disputes are emotionally taxing. We provide steady support while maintaining strategic focus on protecting your relationship with your child.

Clear Communication
You’ll receive regular updates on your case. We explain custody law in plain language so you understand each decision affecting your parental rights.

Why Local Expertise in Child Custody Matters

At the Law Office of Julie Fowler, PC, LLO, child custody law is the focus of our practice. This specialization means:

• We know Omaha family court judges and how they approach custody
• We understand Nebraska custody law and local procedures
• We have experience presenting custody cases persuasively
• We can anticipate issues before they become problems
• We’ve helped hundreds of parents protect their custody rights

Common Child Custody Questions

Serving Omaha and Surrounding Nebraska Communities

We represent parents in custody matters throughout the Omaha metro area and Nebraska, including:

• Omaha
• Bellevue
• Papillion
• Douglas County
• Sarpy County
• Washington County
• Saunders County
• Otoe County
• Dodge County
• Lincoln
• And surrounding communities

Protect Your Parental Rights and Your Child’s Wellbeing

Your relationship with your child is irreplaceable. At the Law Office of Julie Fowler, PC, LLO, we’re committed to protecting that relationship through skilled legal advocacy and genuine care for your family’s wellbeing.

Schedule Your Free Consultation

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