Child custody disputes are often stressful because they can affect some of the most important relationships in your life. While an attorney is best equipped to guide you through the process of seeking custody, you might already have some expectations in place based on prevalent misconceptions about the legal system. The guide below aims to correct these.

What You Shouldn't Believe About Child Custody Arrangements

1. Mothers Will Always Get Custody

In Nebraska and every other state, courts are expressly forbidden from making custody decisions based on the sex of the parents. Instead, courts operate under the belief that children benefit from maintaining relationships with both parents, so they’ll generally order joint custody arrangements whenever possible. However, they may grant sole custody to one parent if the other has a history of chemical dependency, allegations of domestic violence, or can’t provide suitable living arrangements.

2. The Parent Who Files Forfeits Rights

Many people mistakenly believe that the spouse who decides to end the marriage automatically puts themselves at risk of losing child custody. However, the law assumes that every parent has a right to spend time with their children and participate in their lives. In cases where it is possible, joint physical custody is often assigned, meaning that the child will live with both parents on alternative days or weeks. If this is not feasible, both parents will likely retain joint legal custody, which gives each the power to participate in significant decisions related to their schooling, health care, and religious upbringing.

3. You Have to Let a Judge Make Custody Decisions

While only custody decisions issued by a court are legally enforceable, you don’t have to let a judge make these arrangements. Instead, you can negotiate a settlement directly with the other spouse, then submit the agreement to the court. This approach allows you to shape the outcome and helps avoid the stress of a drawn-out custody dispute. However, you should still retain a lawyer's services to ensure that the agreement that you reach is in your—and your child's—best interests.

With over 30 years’ experience serving the Lincoln, NE, area, David R Webb, Attorney at Law is dedicated to protecting families like yours. Whether you’re seeking to file for divorce or to establish child custody, rely on them to provide the advice and legal support you need. Visit their website for more on their broad array of legal services, and call (402) 477-7577 to consult with an attorney.