If you and your soon-to-be ex-spouse have children, a Nebraska court may allow you to develop a mutually agreed-upon plan. This is a simple divorce- with children. However, if custody, visitation and child support disputes arise, making the agreement impossible, the court may decide for you.
Here are two factors that the court will consider to make an order.
The best interests of the child
Nebraska courts use the best interests of the child to make a custody order. This means they don’t decide significantly based on aspects of the parents like gender – they use unbiased factors.
For example, if a parent has a demanding career that limits their hours at home and the other one’s job allows them to be with the kids most of the time, the latter may get physical custody. Further, crucial factors, such as substance abuse and domestic violence, may deny a party certain custodial responsibility.
In some instances, the court may give joint physical and legal custody, in which case both parents will live with the kids on a planned schedule and can make decisions affecting them.
If a kid (s) is of age to understand what’s going on, the court may allow them to state their preferences. If their wishes are of sound reasoning, the court will consider them when making a judgment. Thus, a kid’s preferences may help determine the verdict in a case involving two responsible parents.
Child custody cases can be complicated because parties have different wishes. Luckily, the court uses reasonable factors to give an order. However, it will help to get legal guidance to protect your long-term interests and parental rights. Besides, if circumstances change, it may be possible to modify the court’s order.