It is late at night, and your child spikes a fever. Who gets the call? Traditionally, it is Mom. But in the midst of a divorce, who has the right to make such crucial decisions? Will mothers gain more rights than fathers in custody decisions?
Looking at a new lens
In the past, courts often leaned towards granting primary custody to mothers, especially for young children. This approach, known as the “tender years doctrine,” assumed mothers were better suited for caregiving.
As societal norms shift, so does the legal perspective. Today, most states, including Nebraska, have moved away from this outdated view.
Equal rights and opportunities
Nebraska law focuses on what truly benefits the children, considering several factors when determining custody:
- The relationship between each parent and the child
- The child’s wishes, if they are of suitable age
- The child’s adaptation to domestic, educational and social environments
- The mental and physical well-being of all parties involved
- Any history of abuse or neglect
Legally, both mothers and fathers have equal rights to custody in Nebraska. The court aims to ensure both parents maintain meaningful contact with their children after divorce. This approach often results in joint custody arrangements, where both parents share decision-making responsibilities and time with the children.
Despite these legal protections, some fathers may still feel disadvantaged in custody battles. This perception can stem from societal expectations or personal experiences. It is important to remember that each case is unique, and outcomes can vary widely.
Ensuring a smooth transition
If you are contending with divorce, the most important step is to seek counsel from a legal professional. Your attorney can help you tackle custody issues, ensuring you maintain a positive presence in your children’s lives and major decisions.
