What Is the Nebraska Best Interest of the Child Standard?

 

Understand the common factors Nebraska’s judges use when making child custody decisions.

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Nebraska courts use the "best interest of the child" standard to make child custody decisions. Specifically, judges refer to Nebraska Statutes Section 43-2923 which says in part:

In determining custody and parenting arrangements, the court shall consider the best interests of the minor child . . .

How Courts Make Child Custody Decisions in Nebraska

Nebraska law directs the court to consider the following list of specific factors when deciding what is in the best interest of a child:

  • the child's safety, emotional growth, health, stability, and needs for physical care
  • the child's school attendance and progress in school
  • any history of abuse in the family or household
  • what will allow continuing quality contact between the child and both parents, if possible, as well as other family members
  • how well the child's parent's communicate with each other and make decisions together
  • the relationship of the child to each parent before the custody case
  • the wishes of child, if the judge finds that the child is old enough to express a meaningful preference.

The law gives Nebraska judges a lot of flexibility to establish parental rights and responsibilities based on the best interest of the child. In addition to the guidelines listed above, the court may consider any other factors the judge finds relevant to the situation.

Court Should be Your Last Resort

Going to court to get custody of a child will be stressful for you and, worse, tough on the children. Also, because judges have so much flexibility to make custody decisions, it leaves the family vulnerable to the biased opinions of individual judges. For these reasons and more, a court case is something to pursue only if all other options—like negotiation and mediation—have failed. Take advantage of all the resources available to you for creating a parenting plan before subjecting yourself and your kids to a court battle.

More Information

Studying the law. This article summarizes the key factors courts use to make custody decisions in Nebraska. That said, family law is a complicated subject and laws do change. We recommend that you read the full version of Nebraska Statutes Section 43-2923, available from the Nebraska State Legislature.

Working with a lawyer. If you’re working with a lawyer, mediator, or both, ask them for help understanding how Nebraska law applies to your specific circumstances.

How to Find a Child Custody Lawyer in Nebraska

Finding your local family court. In Nebraska, family law cases are handled in the county district courts. Be sure to take advantage of the self-help resources your court offers.

Nebraska Family Law Court for Perkins County


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Jurisdictional relevance: ST

There are versions of this article for each State.