This pamphlet provides an overview of primary custody. Topics covered include what primary custody is, court evaluations, and how primary custody is chosen.
Nebraska USLegal Pamphlet on Primary Custody
State:
Multi-State
Control #:
US-PMPH-16
Format:
Word;
Rich Text
Instant download
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FAQ
If you are granted joint physical custody, you pay less in child support as you have the child about half the time. If the parties' incomes and credits are the same, then neither party would pay the other child support if they have joint (50/50) custody.
Custody laws in Nebraska do not favor one parent over the other due to sex. So, without extenuating circumstances, they try to award 50/50 joint custody when possible. This type of custody is favored because it allows the child(ren) to build an equal relationship with both parents.
Pursuant to subdivision (1)(b) of this section, a court must determine physical custody based upon the best interests of a child and such determination shall be made by incorporating (i) a parenting plan developed by the parties, if approved by the court, or (ii) a parenting plan developed by the court based upon ...
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.
A parent moving out of state must provide the other parent with written notice of the plans to relocate. If the child's other parent doesn't consent to the relocation, the moving parent must file a motion for permission to relocate.
If you and your ex are on good terms, you may be able to create a 50/50 custody split in an agreed-upon parenting plan. Keep in mind that a court must approve even the parenting plan, but if parents are in agreement, judges often honor that agreement.
A father has rights to custody, joint custody, and visitation or supervised visitation. If the court deems that the father is an unfit parent, the judge will determine the extent of custodial and visitation rights.
