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When married parents prepare to divorce, they will ultimately have to agree on how they'll meet the needs of their child. Ideally, these matters are settled out of court with both parties creating and agreeing to a “parenting plan.” However, if the parents cannot form an agreement, Nebraska state law requires that the plan be determined by the courts. If you’re planning to divorce a spouse and are concerned about your future as a parent, here are a few frequently asked questions that shed more light on child custody.  

4 FAQ About Child Custody

What are the different types of child custody arrangements?

Full custody is when one parent is granted custodial rights. Depending on their history and overall demonstrated responsibility, the non-custodial parent may be allowed visitation. In high-risk cases, these visitations may require supervision from an authorized third party, such as a social worker.

Joint custody is when parents split responsibilities and scheduling. These responsibilities may be divided evenly, or one parent may have a more limited role—such as by having custody only on weekends.

While rare, other outcomes are possible. For instance, split custody is when some siblings go with one parent and the rest go with another. Or, if no parent is fit for custodial rights, they may be granted to another party, such as an aunt, uncle, or grandparent.

Can a child pick which parent they live with?

child custodyAlthough the court may consider a child’s wishes in a custody decision, minors will not ultimately have the final say.

In Nebraska, custodial rights are decided based on what’s best for the child. This decision may be influenced by several factors, such as each parent’s living situation, criminal history, and overall availability.

How is child support decided?

Child support should fairly represent the average costs that a custodial parent may incur when raising the minor. If possible, the amount of support should be decided outside of court through mediation. However, if the parties cannot agree, a judge will evaluate financial needs to determine an official amount for child support payments.

Can a custodial parent relocate to another state?

For a custodial parent to relocate to another state, the parenting plan must be modified and approved by the court. If one parent contests the decision, a judge may evaluate the pros and cons of the move. If relocation demonstrates the possibility of improving the child’s quality of life, it may be granted.

 

Navigating child custody decisions can be a complex and emotional process. Fortunately, with the help of Payne Law Office, you don’t have to brave these challenges alone. Based in Lincoln, NE, the attorneys at this family law office are well-versed with divorce, child custody, and child support laws. Appreciating the delicate nature of these matters, these professionals will work fairly and compassionately to develop a case that best protects your rights as a parent and an ex-spouse. To learn more about how these divorce attorneys can assist you, call the firm at (402) 477-7246.

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