How Do Courts Base Custody Decisions in Nebraska?
Custody determinations in Nebraska always rest on one guiding principle: the best interests of the child. Courts strive to uphold this standard by ordering custody or parenting arrangements that protect and support a child’s overall health, welfare, and social development (Neb. Rev. Stat. 43-2923(6)(c)).
To determine what is in a child’s best interest, judges may consider credible evidence of domestic abuse, neglect, or parental fitness, as well as the child’s own preference if they are old enough to express it and their reasoning is sound (Neb. Rev. Stat. 43-2923(6)(b)). Because every family’s circumstances are unique, how courts apply this standard can vary from case to case.
In recent years, however, Nebraska courts have begun to apply the best-interest standard in ways that reflect several important shifts.
Shifts in Custody Determinations
Across Nebraska, judges are increasingly awarding joint legal and physical custody even in cases where parents do not fully agree or have difficulty communicating, as long as doing so supports the child’s best interests (Neb. Rev. Stat. 42-364(3)). This reflects a broader trend toward viewing joint custody as the default arrangement.
To award sole custody, a judge now typically requires credible evidence that joint custody would be harmful to the child. This represents a major shift in how courts view parental involvement and co-parenting after separation or divorce.
Another growing trend is the use of alternative dispute resolution methods such as mediation, negotiation, and collaborative divorce. These approaches allow parents to take a more active role in shaping parenting time and custody schedules. They also help reduce conflict and protect children from the stress and emotional toll of contentious court battles.
Studies continue to show that children exposed to prolonged custody disputes face greater risks of emotional distress, anxiety, and long-term social difficulties. More families are recognizing the importance of resolving these matters outside the courtroom when possible.
What This Means for Nebraska Families
Parents who oppose joint custody now carry the burden of proof to show why such an arrangement is not in their child’s best interest. This often requires presenting evidence that the other parent is unfit or unsafe, claims that can escalate tension and increase the likelihood of trial. The longer the process continues, the greater the potential emotional cost for children.
The good news is that many Nebraska families are turning to collaborative and mediated resolutions that center children’s wellbeing.
At McGill Law, our collaborative divorce and mediation services help parents reach agreements that put children first. We work with child specialists and other neutral professionals who make recommendations based on what is truly best for the child. These cooperative processes give families more control over outcomes and create more stable, peaceful transitions.
If you are facing a custody decision, remember that your family’s story does not have to be defined by conflict. With the right support and legal guidance, you can find solutions that protect your children and strengthen your family’s future.
Considering custody options? Our attorneys help parents find solutions that protect children and promote stability. Schedule a consultation or call 402-548-5418.
ABOUT THE AUTHOR
Jessica Witters is an Associate Attorney at McGill Law, where she focuses on family law matters including divorce, custody, and estate planning. Dedicated to helping clients navigate life’s transitions with empathy and clarity, Jessica approaches each case with compassion and practical insight. Born and raised in Omaha, she brings a deep connection to the Nebraska community and a commitment to empowering families to move forward with confidence.