Divorce Nebraska Custody

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Divorce is a process that is not just the legal separation between two married individuals but it also affects the life of other related individuals. It is observed that children present during their parent's divorce got a severe impact on their physical and emotional state. As a result, child custody is considered to be a highly sensitive issue, which is to be handled with extra care and attention. Divorce custody in Nebraska is also decided by including some essential topics such as, declaring definite parenting plan for child's upbringing and likewise. Post separation or divorce of the parents, the mode of co-parenting the child is the content of a Parenting Plan. An effective parenting plan comprises of, but is not limited to, decisions regarding these topics:

  • Which religion the child should be raised in?
  • What day care should be availed of?
  • Which school the child should attend?
  • In case of teacher-workshop days or unexpected snow days, whom would be the parent that the child stays with?
  • How the vacation time of the child should be shared?
  • How the day-to-day sharing of the child's time should take place?
  • How to contact the child on telephone?

The Parenting Act during a Divorce Custody in Nebraska

The Parenting Act in this state highlights the following points:

  • In some contested cases, the parenting plan might need mediation
  • The voluntary use of mediation to develop a parenting plan has been promoted by this act
  • Parents who have custody and parenting time issues must undergo a parenting education course
  • Parenting plans must be created for all visitation, custody, parenting and various other issues related to the child
  • This act provides the definition of the distinction between joint physical custody and joint legal custody as acknowledged by the court
  • Protection of victims of neglect and abuse
  • Admittance of the significance of retaining parent-child relations
  • This act stresses the best interests of the child as a base upon which parenting time and child custody issues are to be solved
Chapter 42, Section 364 of Nebraska Divorce Custody

The courts in this state do not believe that one parent is better than the other on the basis of the gender of the parent. There is no assumption that any one parent is fit for the award of child custody. The court aims to achieve the best interests of the child on the basis of the following:

  • Is there adequate evidence that one parent has committed abuse against any other household or family member?
  • The social demeanor, welfare and general health of the minor
  • Let us assume that the minor has attained an age of understanding, despite whatever his or her chronological age is. Now, this minor can make wishes on the basis of sound reasoning. Then, the court gives importance to the wishes of this minor regarding the arrangement of his or her custody.
  • Before the initiation of any divorce action or any subsequent hearing, what was the nature of the relationship of the minor child with each parent?
Relativity between Child Custody and Child Support
  • In sole custody, one of the parents retains permanent custody of the minor. The other parent is obligated to disburse the essential child support.
  • In split custody, some children reside with the father and their siblings reside with the mother. Due to this arrangement, the total amount of child support may decrease or can be shared between the parents.
  • In Joint Custody, custody is shared between the parents. This plummets the child support obligation as well
Why mediation is advantageous in a Parenting Plan?

In Nebraska, if the divorcing spouses have failed to resolve their marital issues on their own, then the court may order mediation in order to take the help of any third party for settlement of all unresolved issues. Some major advantages of mediation are:

  • The end result is that there is more satisfaction for the parents
  • The mediator helps in 'reality testing' that results in a workable parenting plan
  • As parent-to-parent communication takes place, the parents can learn to handle future disagreements during their divorce as well
  • The parents get an opportunity to come together and reach to a common agreement, create options and concentrate on the best future for their child

Divorce custody in Nebraska settles all major issues associated with the child. This legal action primarily focuses on finalizing a definite parenting plan that is followed by the concerned divorcing parties after the separation.

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