Child Custody & Visitation
Omaha Lawyers: Child Custody and Visitation
Child custody (determining the child's residence) and visitation (offering parenting time by the noncustodial parent) are typically the most important issues you will face in a divorce or modification action. Whether you are seeking full custody, joint custody or to expand your visitation rights, our experienced attorneys will protect your rights. At the Omaha office of Vacanti Shattuck, we help mothers and fathers negotiate parenting plans that allow them to spend the maximum amount of parenting time with their children.
Joint, sole, legal, physical — types of custody in Nebraska
- Legal custody refers to the right of a parent to participate in major decisions affecting their child. Nebraska family law is becoming more receptive to joint legal custody, an arrangement where each parent has input on the medical treatment, education and religion of the children and has the right to communicate with the child's teachers and doctors, regardless of living arrangements.
- Physical custody refers to the amount of time a child spends with each parent. Traditionally, there is a sole custody arrangement, where the child lives with one parent and the other parent has established parenting time (visitation). It is not common for the court to order joint physical custody, where the schedule of time the child spends at each parent's home is nearly equal. Court-ordered child support payments will be determined in part by the physical custody arrangement.
Child custody mediation
Nebraska law requires parents to participate in divorce mediation (family mediation) during child custody proceedings, realizing that an agreement worked out between the parents is nearly always preferable to one imposed by a judge. Our attorneys will explain what your rights are and what impact each type of custody arrangement will have on your legal position. We will arrange for your attendance at the required parent education courses (designed to help minimize the trauma of divorce or custody proceedings for your child) and help you prepare for mediation.
When to go to trial over custody
We always prepare for trial, but hope to resolve our client's case before going to court. Sometimes parents are not able to resolve all custody and visitation issues in mediation. If that is the case in your child custody dispute, we will then try to negotiate a fair and reasonable parenting plan on your behalf. If mediation and negotiation fail, however, we are skilled trial lawyers. If all or some issues remain unresolved, we will not hesitate to go to court to protect your rights and your child's welfare.
Factors considered by the court in a child custody decree
The courts will look towards the best interests of the children when determining custody. Factors considered include the relationship of the child to each parent, the child's preferences (if the court considers the child old enough) and the child's general health, welfare and social behavior. The court will also consider evidence of domestic abuse. Nebraska law does not allow a judge to consider gender when issuing a child custody decree. See Fathers' Rights.
Attorneys at Vacanti Shattuck will ensure that the proper evidence is secured and presented in support of your case. You will be instructed in proper recordkeeping and how to document events so that they can be presented in court. In short, we will fight to keep you in your children's lives in a vital and substantial way.
Modification of custody and visitation
Our lawyers represent parents in modification proceedings. Modification of custody and visitation can be requested when there is a change in the child's needs, a parental relocation out of state or a change in a parent's situation.
If you are in the process of selecting a lawyer to represent you in child custody or visitation proceedings or have another question about our practice, we invite you to e-mail us or call our office at 402.345.7600.
