When you are going through a family law dispute with your co-parent, whether over custody, visitation, relocation, or modification, the court has to make decisions about your child. The common factor at play in each one of these decisions, Nebraska laws says, is the child’s “best interests.” The phrase gets tossed around a lot, but many parents are unfamiliar with its specific legal meaning and how it will affect their case.
About Stange Law Firm
Stange Law Firm represents clients in Omaha and Douglas County in custody, parenting plans, and all other child-related family law matters, with clear information and carefully considered guidance at every step.
We work with parents and guardians every day, including at the Douglas County District Court, to make sure you understand Nebraska’s best-interest-of-the-child standards and to advocate for an outcome that upholds both your rights and your child’s best interests.
What Does Best Interest of the Child Mean?
Section 43-2923 of Nebraska’s Revised Statutes is what the court turns to when considering how to meet the emotional, physical, and developmental needs of a child. The law is quite broad, far less structured than those of other states.
This is because Nebraska’s approach is designed to account for and weigh the numerous, highly individual aspects of your child’s needs, such as their family relationships, home life, school, safety, and emotional stability. The factors the court may consider include, but are not limited to:
- The child’s relationship with parents, siblings, and other caregivers or family members
- The mental and physical health of each parent
- History of each parent’s involvement in caregiving
- The child’s school and community ties
- Ability and willingness of each parent to cooperate
Nearly one-third of American children experience parental divorce before reaching adulthood. Furthermore, one study found that children of divorce have a 43% higher likelihood of being incarcerated. Divorce in early childhood also raises the death rate by age 25 by 35%. The goal of the court is to minimize negative outcomes and help children adjust to family changes as smoothly as possible.
Promoting Stability and Routine
Children with divorced or separated parents often go through a time of upheaval in their lives. The best interests standard considers how separation can cause anxiety or other emotional effects in your child. For that reason, judges give a lot of weight to factors that will promote stability and routine, including:
- Consistent school attendance
- Proximity to extended family
- Remaining in the same community or neighborhood
- Keeping the same routines, like bedtimes and mealtimes
- Avoiding sudden or radical changes or disruptions to home life
A proposed parenting plan that lets a child stay in the same school and community, close to friends and familiar routines, and maintain the same extracurricular schedule will usually be viewed more favorably, unless there are safety issues at stake.
The Child’s Input
In Nebraska, the law doesn’t specify an age at which a child can decide which parent to live with, as many other states do. Instead, a child’s wishes are given consideration based on each child’s maturity and ability to articulate reasonable preferences and desires. That said, older children’s testimony is usually given more weight than younger children’s, but their preferences are only one factor among many when a judge is determining your child’s best interests.
Considering Domestic Violence
Domestic violence, verbal or physical, emotional or abusive, can and will affect child custody in Nebraska. The law states that the court must, by law, do whatever it can to protect the safety of the child and the victim’s parents from future abuse.
Verbal, physical, or emotional domestic violence is taken very seriously by Nebraska courts. Even one serious, proven incident of abuse by one parent against the child, the other parent, or someone else in the household is enough to affect a parent’s visitation rights and time with their child.
FAQs
Q: What Does Best Interest of the Child Mean in Nebraska?
A: In Nebraska, this standard is a set of factors that judges consider when determining which custody and parenting arrangement serves a child’s emotional, physical, and developmental needs. These include stability, each parent’s involvement and communication, safety, school continuity, and each parent’s ability to provide consistent care and support. Ultimately, the court aims to prioritize the child’s overall long-term well-being.
Q: How Do Nebraska Courts Decide Custody?
A: The courts analyze each parent’s ability to meet the child’s daily needs, maintain a safe residence, support the child’s relationship with the other parent, and offer routines that promote stability. Judges also factor in mental health, physical health, domestic violence, and the child’s connections to school and community. All of these elements combine to form the best-interest analysis.
Q: Does a Child Get to Choose Which Parent to Live With?
A: A child does not necessarily get to choose which parent to live with. Nebraska has no set age at which a child can express a choice. Judges have some discretion to take the child’s choice into account if the child has sufficient maturity to express a reasoned, independent preference. A child’s choice is only one factor; if a parent is unfit or the child is not safe or stable with that parent, this will be more important.
Q: What Can Parents Do to Strengthen Their Case?
A: A parent can show consistency, involvement, and cooperation. Parents can keep records of school events, doctor visits, and daily routines to document their involvement. By not arguing in front of the child, talking respectfully, and supporting the relationship between the child and the other parent, the parent proves to the court that they have the child’s best interests in mind.
Contact Stange Law Firm for Your Family Law Needs
When a family law issue arises, it affects everyone in the family, including children. Stange Law Firm can help you fight for a solution that puts their best interest at the forefront and protects your rights. Contact us today for a consultation to begin protecting your family.