The term “joint custody” often evokes a sense of balance, a shared responsibility in raising children even after divorce. While this is certainly the intention, joint custody does not always lead to a 50/50 timeshare. Many factors determine the allocation of parenting time, all centered around the best interests of the child.
Courts always aim to ensure the child’s well-being
The actual time division in joint custody can vary greatly depending on several factors:
- Each parent’s work schedule and availability
- The child’s school and extracurricular activities
- The distance between parents’ homes
- The child’s age and preferences (if old enough)
- Each parent’s ability to provide care
Nebraska courts aim to create custody arrangements that serve the child’s best interests and maintain meaningful relationships with both parents when possible. This might result in an equal time split, but the law does not guarantee or require it.
For example, a judge might grant parents joint legal custody but designate the mother as the primary residential custodian because she lives closer to the child’s school. The father could have visitation every other weekend and a portion of the summer.
Parents could also share joint legal custody and near-equal parenting time. This may involve alternating weeks or implementing a 2-2-5-5 schedule, where the child spends two days with Parent A, then two days with Parent B, followed by five days with Parent A and finally five days with Parent B.
Courts often expect parents to create a parenting plan that details custody arrangements. If they cannot agree, the court will intervene and make decisions.
Legal support for families is always available
Each family’s circumstances are unique, and what proves effective for one family may not be a good fit for another. Do not hesitate to work with an experienced and compassionate Nebraska attorney if you have child custody concerns.
