Omaha Child Custody Investigators Nebraska Child Custody Laws Nebraska Child Custody Investigations Child Support Visitation

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How do Nebraska Judges make Child Custody Decisions?

In matters concerning child support, custody, and visitation the principle that guides Nebraska Judges is - "What is in the best interests of the children?"







Child Support & Visitation

A commonly asked question is "may I withhold visitation if the other parent does not pay child support?" or "may I withhold support if the other parent doesn't allow visitation?"

The short answer to this question is No. Nebraska courts view child support and visitation as separate matters and believe the children should not suffer because of a conflict between parents.

If disagreements over child support and visitation can not be resolved between the parents then the correct way to resolve the matter is to take it back to court. If either parent refuses to follow court orders the judge may find the person in contempt and may impose penalties.




Grandparents' Visitation Rights. Nebraska law gives the authority to award visitation to grandparents if the court finds that the grandparents had previously established a significant, beneficial relationship with the children, and that it is in the best interests of the children to continue that relationship.

Grandparents & Custody. With respect to custody, while either parent is alive, there is typically a preference that custody of a child be with the mother or father. In the event that one parent is unfit to care for the children the other parent ordinarily has a preference in law for the custody of a child. When both parents are unfit to care for the children ordinarily custody is preferred to go to a blood relative, providing a grandparent with a viable opportunity to show the court that it is better for the child to be in his/her custody as opposed to other blood relatives. Courts will consider the age, health, and financial ability of the grandparent(s) to support and care for a child.



Who will get Custody?

There are many factors that affect who will get custody of the children. Some of the considerations are:

  • who takes care of the children?

  • who are they closest to?

  • each child's age

  • the stability and character of the parents

  • elements of the parents' and children's lifestyles, such as neighborhood, school, church, employment and relatives.
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