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For use when one parent has sole legal custody and sole physical custody. Sole legal custody means the authority and responsibility lies with one parent only for making fundamental decisions regarding the child(ren)'s welfare, including choices regarding education and health.
As a family law attorney, I get asked this question a lot! The age where a child can choose where and with whom to live in Nebraska is at 19 years old- when he becomes a legal adult. That said, courts will give some consideration to a minor child's...
There are two ways to make custody decisions: either you and your spouse can decide and have it ratified by the Nebraska courts or you can let a judge decide the best arrangement for the child.
At what age can a child choose which parent to live with in Nebraska? Nebraska statues instruct the trial court to take into account a child's preference as long as the child is of an age of comprehension and the child's wishes and desires are based on sound reasoning.
Such factors include the relationship of the minor child with each parent, the desires of the minor child, the general health and well-being of the minor child, and credible evidence of abuse inflicted on the child by any family or household member.
When a child is born and the parents are not married, either parent may file a case to establish parentage. This means that parents are asking the court to make a ruling as to who the parents are, and who is legally responsible for that child.
At age 18 in all of the United States, a child can decide not to visit the other parent without consequence to themselves or the favored parent. Children who are considered legal adults (age 18 in most states) may always refuse to spend time with a parent.
The Nebraska Parenting Act generally requires that the parents take a parenting class, create a parenting plan, and attempt mediation before going to trial. It also has specifics regarding the factors to decide custody and parenting time, especially when there is a history of domestic abuse.