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Nebraska Child Custody Laws

Child custody laws originate at the state level, although they all conform to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA helps states honor the child custody orders of other states, which discourages parental abduction, interference, or other problems with child custody. And while virtually every state allows non-custodial parents to visit their children (except in certain situations where the child's welfare would be at risk), most states also extend visitation rights to grandparents. Custody orders are supposed to reflect the best interests of the child, putting aside parents' own wishes.

The two main types of custody are physical and legal custody. If a child lives with you, even part time, then you have physical custody; and if you are authorized to make important life decisions on behalf of a child, then you have legal custody. Sole custody is when just one parent or guardian is granted physical and legal custody (although some states allow parents determined to be unfit to be a custodial parent to have legal custody).

Nebraska Child Custody Laws at a Glance

Nebraska law allows grandparent visitation and considers the child's own wishes when making custody decisions. A custodial parent may move out of state with his or her children if the other parent doesn't object and if the court finds a good reason to allow the move (such as a remarriage or a career-based move).

State family courts, including those in Nebraska, typically consider the following factors before awarding custody of a child:

  • Child's preference
  • Each parent's home environment
  • Work schedules of parents
  • Relationship of the parents
  • History of drug or alcohol abuse

You can find additional details about Nebraska child custody laws in the chart below. See FindLaw's extensive Child Custody section for more articles and resources.

Code Section 42-364
Year Uniform Child Custody Act Adopted 1979
Types of Custody Allowed
  • Sole custody
  • Joint legal custody
  • Joint physical custody
  • Split custody
Grandparent Visitation Rights Recognized? Yes, §43-1802
Child's Own Wishes Considered? Yes

Note: State laws are always subject to change at any time, usually through the enactment of a newly signed statute or voter approved ballot initiative but occasionally through other means. While we make every effort to ensure the accuracy of these pages, you may also want to contact a Nebraska child custody attorney or conduct your own legal research to verify the state law(s) you are researching.  

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