In Nebraska, divorcing spouses with children are required to agree to a parenting plan—or a set of guidelines that establishes each parent’s rights and responsibilities. While these plans may be straightforward in non-contentious cases, there are many situations where either party may have specific concerns about custody arrangements. If you’re planning to divorce, here are a few factors that courts may consider when making decisions about child custody.

5 Factors That Affect Child Custody Decisions

1. Parental Treatment

When it comes to custody decisions, courts focus on what’s ultimately best for the child. As such, if any party has a history of committing violent crimes or engaging in domestic abuse, it’s unlikely that they will be granted sole or partial unsupervised custody.

2. Parental Health

Although rare, there may be cases where a parent is not fit to be responsible for their child due to poor health. For example, individuals who have a terminal illness or unmanaged mental health conditions are more likely to have limited custody options.

3. Scheduling

While it is perfectly acceptable for a custodial parent to work during the day, those who have more demanding schedules may receive less dedicated time with the child. For example, parents that remain at home are more likely to get favorable custody than those that have to travel for work regularly.

4. Housing Quality

It’s the court’s responsibility to ensure that the child has a safe, healthy, and stable place to live. As such, if one party does not have consistent housing that suits the child’s needs, the other parent may be granted a larger share of custody. Social workers may conduct in-home visits to determine that a residence is acceptable. For joint custody arrangements, each parent should ideally be located within a reasonable distance of one another, as well as the minor’s school.

5. Child’s Preferences

In some situations, a parent may try to arrange custody in their favor against a child’s will. That’s why the courts spend time speaking with the child to determine how they feel about where they may want to go. For example, they may ask children questions about their emotional ties with each parent or how each party is involved in their daily activities. While the child cannot make the final decision on custody decisions, their viewpoint may greatly influence the outcome.

Since child custody decisions require complex considerations, it’s imperative for parents to always work with an experienced family law attorney. Payne Law Office takes pride in carefully considering what suits both the well-being of clients and their children. With an in-depth knowledge of Nebraska laws, these Lincoln attorneys will gather and present evidence in a clear, balanced, and fair fashion to support your case. They also offer support to minimize tension in these decisions, such as through mediation. To learn more about these resources, call (402) 477-7246.