Child Custody Law
Nebraska Child Custody Attorney
Children are often an amazing product of marriage, so deciding parenting roles can be one of the most emotional and difficult aspects of co-parenting.
When resolving a child custody issue, the initial obstacle is establishing who will be the primary residential parent. This primary residence will decide the child's school zone. Other obstacles that often need to be addressed are:
- The day-to-day co-parenting schedule.
- Holiday and school vacation time.
- Determining a process for important decision-making.
Bradley Supernaw is an experienced Nebraska child custody attorney serving the greater Central Nebraska community. He will evaluate your child custody case, analyze the facts, and develop a plan around those facts to reach the best outcome for you.
Establishing Child Custody in Nebraska
01 Initial Filings
Supernaw Law will seek to understand your particular situation and goals. This will include whether you are seeking an initial child custody determination, to enforce an existing child custody order, or to modify an existing child custody order. A complaint to establish or modify child custody will be filed with the proper court. If appropriate for the situation, a motion for temporary orders will also be prepared and filed. A motion for temporary orders will set forth the rights and responsibilities of each parent until there is a final order.
02 Initial Hearing
If a motion for temporary order has been filed, there will be a hearing within 10 days of the motion being filed. At the hearing, the judge will issue a temporary order on the case that will be in place while the case is pending.
03 Develop a Parenting Plan
During this step, the parents will try to resolve their differences and establish a parenting plan that will deal with legal custody, physical custody, and parenting time. If the parents are not able to agree, a mediator can often help the parents work through their differences. This step may also include “discovery”, which involves the parties exchanging information and evidence.
04 Final Hearing
If the parents are not able to come to an agreement, either on their own or through mediation, then a final hearing will be required. This is the trial for a child custody action. Each side will present witnesses and evidence for a judge to consider and the judge will make a decision.
Modifying Child Custody in Nebraska
Child custody modification occurs when one parent wants to modify an existing child custody order. The child custody modification process follows the same steps as establishing custody.
To modify a previous order, you must show that there has been a change in circumstances that, if it had been present at the time the previous order was entered, the previous order would have included the requested modification.
Enforcing Child Custody in Nebraska
If one parent does not follow an existing child custody order, the other parent can seek the court’s help to enforce the child custody order. Usually, enforcing custody involves a motion for contempt and a hearing before the judge who issued the custody order.
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