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You must be at least 16 years old. You are filing the petition freely and voluntarily. You willingly live apart from your parent(s) or legal guardian(s)
In special circumstances, a court may consider a child as young as 10 years old sufficiently mature enough to meaningfully contribute to decisions about her welfare.
There is no magic age that the child gets to decide which parent to live with. Nebraska statutes instruct the trial court to consider 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.
Under Nebraska case law, parental unfitness in a child custody case means a personal deficiency or incapacity which has prevented or will probably prevent, performance of a reasonable parental obligation in child rearing and which has caused, or probably will result in, detriment to a child's well being (Ritter v.
If there is no child custody order in place and the parent that wants to move has historically been the custodial parent of the child, the parent may be able to move out of state without court permission with notice to the other parent. This is commonly allowed when one parent does not have much contact with the child.
Custody shall be determined on the basis of the best interests of the child, as defined in the Parenting Act. Unless parental rights are terminated, both parents shall continue to have the rights stated in section 42-381.
Nebraska statutes make it clear that there is no presumption favoring either the mother or the father. Nebraska has abolished, as have many other states, the maternal preference, which was a presumption that the mother would be most capable of caring for a child during its earliest childhood years.
(1) All persons under nineteen years of age are declared to be minors, but in case any person marries under the age of nineteen years, his or her minority ends.
Under Nebraska law, joint legal custody refers to the mutual authority and responsibility of the parents for making mutual fundamental decisions regarding the child's welfare. (Nebraska Revised Statutes - Title 43 §2922 (11).) The fact that the law favors joint legal custody doesn't mean it will occur in every case.