Separating from your partner may be a challenging experience, but that does not make it a bad experience. If you and your ex have a child together and are worried about how this change will affect them, do not fret. By filing for custody and following the legal steps involved, you can ensure that your child’s needs will always come first.
To help provide better insight into the process, here are answers to four frequently asked questions about child custody in Nebraska:
We were never married. Can we still file for custody?
Under Nebraska’s child custody laws, biological parents are treated the same way regardless of their marital status. This means that even if you and your ex were never married, both of you have rights to seek custody, visitation and child support.
How do courts determine the child’s best interests?
Custody and visitation orders are determined by the courts through several defining factors, all of which will seek to prioritize your child’s best interests. Seven of these include:
- The emotional ties you and your ex share with your child
- Each parent’s physical and mental health
- Each parent’s financial capacity to care for their child
- Your child’s school and community history
- Your child’s wishes (if they are mature enough to express a preference)
- You and your ex’s willingness to cooperate as parents
- If there is any history of substance abuse or violence from either you or your ex
It is important to remember that each case is unique and will need a thorough, case-by-case evaluation by the courts.
How does a scheduled visitation work?
Since the child will live most of the time with the custodial parent, a scheduled visitation (or parenting time) is where the non-custodial parent gets to meet and spend time with their child on a set schedule.
This schedule also outlines how each parent (you and your ex) plans to share their child’s schedule during weekends, school breaks, birthdays, holidays and other special occasions.
What can I do if my ex refuses to comply with the visitation order?
Visitation orders are court-mandated and must be followed accordingly. If your ex has repeatedly refused you of your visitation rights and the issue cannot be resolved through civil forms of communication, you can take it to the court by filing a petition to enforce your visitation order.
You may do this on your own or with the help of a family law attorney. Keep in mind that you must file your case with the clerk of the district court in the same county where your original visitation order was awarded.
You and your child will be okay
Leaving a relationship while taking care of your child may seem like a scary experience, and you will face many questions throughout this process. However, by understanding how child custody works in Nebraska, you can protect your rights and leave most of your fears behind.
