If you're involved in a child custody dispute, having the right information is essential. It will help you prepare for the case and may increase the likelihood of winning custody. Here's what you should know as you navigate this often complex and emotional legal area.

A Guide to Child Custody

Are there different types of custody?

In Nebraska, as in all states, custody can take many different forms. Legal custody gives the parent the right to make major decisions on behalf of the child, like where they attend school and religious services and receive medical care. Physical custody grants the parent the day-to-day care of the child, which includes where the child lives the majority of the time. These arrangements can be awarded solely to one parent or jointly to both parents.

How is custody determined?

The best interests of the child are the court's highest priority when deciding child custody cases. This involves looking at each parent's fitness as a provider, each parent's relationship with the child, living accommodations, and all confirmed evidence of abuse or neglect, among other factors. The courts will also consider the existing custody arrangement, how it affects the child, and whether changes to the arrangement are in the child's best interests.

Can the parents work out custody themselves?

Many exes are on civil enough terms that they can work out this matter between themselves, often with the help of attorneys or mediators. This way, they have more of a say in how the issue is resolved. However, the agreement will need to be submitted to and approved by the courts before it can be finalized and legally enacted.

Do single mothers have to file for custody?

In Nebraska, an unmarried mother has rights to the child if the father is unknown or unacknowledged. The father would first need to establish paternity, usually through genetic testing. However, if the father is known and acknowledged as the biological father, he has the same rights as the mother.

Keeping these points in mind will help you make the right decisions for your child custody case. Payne Law Office will guide you at every step of the process. Serving the Lincoln, NE, area, they offer legal advice and representation in family law cases. Call (402) 477-7246 to schedule a consultation today.