Does the child’s opinion matter? A minor has no say under Nebraska law.
When you have kids, breaking up with your longtime partner isn’t as easy as packing up and leaving. In this situation, many parents wonder who will get custody of the children, without knowing that they can decide for themselves. It doesn’t have to be like the movies where parents battle each other in court because all it takes is to find reliable Nebraska child custody attorneys to help you work out a parenting plan.
If the parents cannot bear to be in the same room and there is no chance they can agree on anything, then, yes, it will be the judge who will make a decision based on the best interests of the child. The problem is that you may not like this decision because the judge may have different ideas about the best interests of the child than you do.
Nebraska is considered a 50-50 state and the judges are trying to award joint custody because frequent contact and a good relationship with both parents is in the best interests of the child. Only if one parent is found unfit will the judge rule on sole custody, thereby limiting the rights of the other parent.
If possible, you should consult experienced child custody attorneys in Omaha or the city where you live and work on a parenting plan that you and your ex can be happy with.
There are two things to decide – physical custody and legal custody. If you and your ex are able to work together as a team in the child’s best interest, you can agree on a division of responsibilities and create your own joint custody agreement.
Custody relates to where the child will live. Sole custody means that one of the parents is the custodial parent and the child spends most of their time with them. The other parent has visitation rights, and you can work out a schedule that includes overnight stays, alternate weekend visits, or splitting up the holidays so you can both enjoy the child.
If circumstances allow, you can choose joint custody and the children will spend approximately equal amounts of time with both parents.
Silhouette of child and adult holding hands; Image courtesy of Geralt via Pixabay, www.pixabay.com
Does that mean you don’t have to pay alimony? Not really, child support is a different matter entirely and is calculated based on the parents’ income. Even if you have joint custody, you will still have to pay some form of child support if your income is significantly higher than your ex’s. Experienced child custody attorneys can help you work out the financial details of the parenting plan.
Legal custody refers to which parent will make all important decisions for the best interests of the child, such as B. Education, medical treatment, religious upbringing, community involvement, etc. If you decide to have joint legal custody, you must discuss all these issues with the other parent and come to an agreement.
Does the child’s opinion matter? A minor has no say under Nebraska law. The judge may choose to hear the child if they are of a reasonable age to reason, but they are under no obligation to consider their wishes in making their final decision.
If you have a solid parenting plan, you can take it to the judge and he will likely approve it with no changes.
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