Is your ex unfit for child custody?

On Behalf of | Feb 8, 2024 | Child Custody |

The state of Nebraska usually supports child custody arrangements in which both parents actively participate in their child’s upbringing following divorce or a nonmarital split. The courts take children’s best interests seriously, which means mothers are not automatically preferred above dads, or vice versa. However, there are times when one parent – regardless of their gender – is simply unsuited for this position.

Should your former partner’s conduct or inactivity jeopardize your child’s welfare, you have the option to ask the court to reevaluate the current custody and parenting time schedule or craft an initial one in your favor. You will need to provide evidence to support your statements.

When your ex may be declared unfit to parent

Parental fitness is an important issue that can have a significant impact on custody disputes. In Nebraska, parental fitness is presumed by law unless one of the following circumstances exists:

  • Domestic violence/abuse. Oklahoma legislature states that a parent is unfit to care for their children if they have been convicted of domestic violence within the last five years or if they are living with someone who has.
  • Registered sexual offender. During a custody dispute, the courts will determine if either parent has ever been found guilty of a sexual offense. If a parent or the person living with them is a registered sex offender, the court will presume that living with them is not in the best interests of the children.
  • Addiction/substance abuse. A parent who is struggling with alcohol and substance addiction may not be able to care for and provide for their children. Also, a history of relapse may give the court the impression that the parent in question is unreliable and, thus, incapable of caring for their children.

Because custody issues can be contentious, you shouldn’t try to handle your family’s challenges alone. Seek assistance to help you navigate the process of obtaining or retaining custody of your children in ways that reflect their best interests.