A child custody dispute is likely to be one of the most challenging experiences in any parent’s life. If you are bracing for a divorce and have children with your spouse, or if you are an unmarried parent preparing for a custody battle with your child’s other parent in Omaha, it is vital to understand Nebraska’s laws regarding child custody, how custody is awarded, and what you can expect in your case.
An experienced Omaha child custody attorney is the best resource to consult when you need legal counsel in preparation for the proceedings ahead of you. A child custody determination can be incredibly difficult for any parent to handle, and the emotional weight of the situation may cause them to make serious mistakes if they attempt to approach this type of case alone.
Benefits of Legal Counsel for Your Custody Dispute
Having an attorney you can trust assisting you in preparing for your custody determination can make the entire process much easier for you to handle, and they can also help you reach more favorable terms than you likely could have managed on your own. An experienced child custody attorney can help you in many ways:
- Whether your custody case pertains to a divorce or is a single issue in family court, your case will require meeting various filing deadlines and procedural requirements to proceed. Your attorney can handle the administrative side of your case and keep you updated as to when you can expect your next proceedings.
- You will also need to resolve child support in addition to custody. This means you must provide the court with a financial disclosure statement that includes all your financial records. This will also be essential for proving you are capable of meeting the financial demands of custody.
- Your attorney can help you gather character references and other material that may help you make a more compelling case for custody. The family court system of Nebraska is legally required to preserve the best interests of any children the court’s rulings affect, and both parents have the right to make their cases for custody before a judge.
- Having experienced legal counsel readily available to address your concerns and answer your questions as they arise is an incredible asset in any family court case.
Every child custody dispute is unique, and every parent fighting for custody faces different challenges in these efforts. If you believe you are headed for any kind of custody dispute, it is imperative to speak with an experienced attorney as soon as possible.
How Omaha Judges Determine Custody Rights
Any family court judge who rules on a custody determination has a legal obligation to rule in favor of the best interests of the children involved in the case. The judge must assess numerous factors in making this decision, such as:
- The age, medical condition, and overall fitness of each parent to manage their child’s everyday needs. Parents with severe medical conditions, advanced disabilities, and certain chronic health conditions may be deemed unfit for custody due to their medical needs.
- The moral and cognitive fitness of each parent. When a parent has a history of criminal convictions, domestic violence, substance abuse, or any other similar issues that could present a threat to their child’s safety, the judge is unlikely to grant them much in the way of custody or visitation rights.
- The financial status and work schedules of each parent. Parents seeking custody must prove they can meet the demands of their child’s schedule. The judge will also need to evaluate their financial records to calculate child support.
- The preferences of the child if the child is old enough to convey them. While judges tend to prefer arranging as close to equal time with each parent as possible for a child, they will heavily consider whether a child has a stronger bond with one parent than the other.
- The living arrangements of the parents. Judges tend to prefer disrupting children’s lives as minimally as possible in their custody determinations. A custodial parent is likely to retain control over the marital home if possible.
These are only a few examples of the factors a judge must consider to create a child custody agreement. If you are unsure what to expect in your upcoming case, the best thing you can do is to consult an experienced Omaha family law attorney to determine the best strategies available to you in this situation.
Q: Do I Need to Hire a Lawyer to Resolve Child Custody?
A: Technically, you are not required to hire an attorney to represent you in a custody battle. However, doing so dramatically increases your chances of securing a favorable outcome to your custody dispute. Your attorney may be able to identify strategies you haven’t considered and uncover various other means of securing the custody rights you want.
Q: How Long Does a Custody Dispute Take to Resolve?
A: Some custody battles can be very difficult to resolve, sometimes taking many months of family courtroom proceedings before the parents have a legally enforceable custody order in hand. Your Omaha family law attorney can provide an estimate of how long your case might take to resolve.
Q: Can I Change a Custody Order in Nebraska?
A: The family court acknowledges that life can present unpredictable challenges to anyone at any time, sometimes impacting standing family court orders. If you believe a recent change in your life makes it impossible for you to continue abiding by the terms of a custody order, or if you think a recent life event justifies seeking broader custody rights, an attorney can help you file a petition for modification.
Q: Is It Worth Hiring an Attorney for a Child Custody Determination?
A: Legal counsel you can trust from an experienced Omaha family law attorney is an invaluable asset when you face an emotionally charged family court case like a custody dispute. Your legal team can help you approach the situation with a more objective mindset and make more informed decisions. It is always worth investing in experienced legal counsel for any type of custody case in Nebraska.
It’s natural for any parent to have many pressing legal questions about their impending custody case. Contact an experienced Omaha family law attorney to get the answers you need in this difficult situation.