The current legislative session is nearly at the halfway point and there are several legislative bills that will directly impact family law.

Legislative Bill 1192 was introduced by Senator McDonnell and provides for a temporary injunction upon filing for separation or divorce, a presumption of joint custody and parenting time, sanctions for misconduct by a party, and reports. This bill establishes a rebuttable presumption that joint custody is in the best interest of the child and requires the Court to explain why joint custody is not ordered if it is not. This bill also requires that parenting time outcomes and domestic violence allegations be filed for reporting purposes. It prohibits either party from terminating insurance without 14 days' notice and puts an automatic injunction in place for both parties to prevent spending or removing funds.

This bill would change the landscape of divorce and custody matters in the State of Nebraska. Currently, the parties in a custody matter can request a variety of custodial arrangements and the presumption is not for joint custody. The parties must show the Court that the requested parenting time and custodial arrangement is in the best interest of the child. If this bill passes as written, the parties will start at a joint custody and parenting time split and have to work backward. It does not contemplate the domestic violence that directly impacts the best interest of a child. There are many cases that involve an element of domestic violence perpetrated by one parent and generally this is witnessed by or then perpetrated on the child. Currently Nebraska law sets out that acts of domestic violence against a parent weigh against the perpetrator having custody of the child, this bill seems to negate that notion.

This bill seemingly removes or limits the ability of parents to agree upon their own custody arrangement if the same is outside of an equal split. This bill is currently being opposed by the Nebraska State Bar Association.

Legislative Bill 1245 introduced by Senator Cavanaugh proposes to change provisions and terminology relating to determinations of paternity and parentage, birth certificates, and related matters. This bill changes the terms to provide gender-neutral terms throughout the paternity statutes, referring to “parentage” instead of “paternity” and using terms like “parenting” or “other parent” or “birth parent” instead of the terms “mother” and “father.” This bill contemplates the parentage of a child by same-sex couples and uses gender neutral pronouns throughout. If passed, it will directly affect family law including: paternity, child support and adoptions. This case is currently being monitored by the Nebraska Bar Association but has not received opposition or proponent status.