What Factors Determine a Child’s Best Interest? In Nebraska, the court considers several factors to determine what is in the best interest of a child. These factors include the child’s age, health, emotional ties, and the ability of each parent to provide for the child’s needs. The court also considers the child’s relationship with each parent, the child’s wishes (if the child’s wishes are based on sound reasoning), and the mental and physical health of all parties involved. For instance, let’s say you’re a parent seeking to relocate with your child. You’ve been offered a job in another city that would significantly increase your income. This could potentially improve your child’s quality of life by providing better educational opportunities, healthcare, and overall living conditions. However, the court will also consider the impact the move would have on the child’s relationship with the other parent, including the effect on parenting time, travel costs, etc. What Role Does a Child’s Preference Play in Relocation Cases? In Nebraska, a child’s preference may be considered by the court if the child is of sufficient age and maturity and is based upon sound reasoning. However, the child’s preference is not dispositive and may be disregarded by the Court. The judge will also evaluate the reasons for the child’s preference. For instance, if a child wants to move because they believe it will be more fun or one parent is more permissive, the court may not give much weight to this preference. However, if the child

Can Court Orders Be Changed? Maybe you are divorced and your Decree is final, along with a court-ordered Parenting Plan and Financial Plan for your child(ren). Maybe you were never married to your child(ren)’s other parent but have paternity and support and custody established. What happens when your circumstances change and the orders in place no longer work for your situation? In order to permanently change court orders in place (whether through a divorce or custody/paternity matter), a Complaint to Modify must be filed in Court. To succeed in a modification action, the requesting party must prove “a material and substantial change in circumstances” first, and then that the proposed change is in the child(ren)’s best interests. What Kind of Changes May Lead to Modifying Court Orders? Note that not just any change is enough to modify court orders. The change must be substantial enough that the original orders would not have been put in place if the Court had known about the change. Child support is the easiest to change and only requires a change upward or downward in income that would change child support by 10% or more. The change needs to have been ongoing for a period of time and expected to continue in the future (6 months is the general guideline). Child support cannot be lowered just because one party has an after-born child to support, but an after-born child may prevent support from being raised in certain circumstances. Parenting time is medium in difficulty to

How do the Nebraska Courts decide child custody? When a Nebraska court makes a child custody decision, that decision must be based on what Nebraska law defines as the child’s best interests. If you are involved in a court action for the custody of your child(ren), you must have a Nebraska child custody lawyer advocating on your behalf. When the parents of a minor child divorce or separate in this state and cannot agree, a court must issue a child custody order that determines which parent will be awarded the child’s legal and physical custody, how much child support will be paid, and what the schedule will be for visitations. Agreements between the parents, even written agreements, are not enforceable without an accompanying order from a Court. Custody orders are based on a family’s unique circumstances. The parents may share physical and legal custody, or one parent may have primary physical and/or legal custody. Even where one parent has primary custody, however, the Nebraska Parenting Act requires parents to work together in co-parenting their child(ren). Your own custody arrangement will depend on your family’s needs, schedules, and the best interests of your child. What is the Best Strategy for Approaching Your Custody Case? The Nebraska Parenting Act applies whenever children and their custody or care are considered by a Nebraska court. The Act requires the parents to attend a co-parenting class, develop a parenting plan, and attempt to resolve the child custody dispute through mediation before a Court can decide

Are You a Nebraska Parent Divorcing or Anticipating Divorce? If you are divorcing your child’s other parent in Nebraska, or if subsequent to your divorce in this state, you become involved in a child custody dispute with your child’s other parent, you should be advised and represented by a Lincoln child custody attorney. In Nebraska, when parents who are divorcing cannot agree to a custody arrangement, a judge will decide which parent is awarded custody. When making that decision, a judge will take into account factors that include but are not limited to: each parent’s parental fitness and history with the child  either parent’s history of domestic violence, alcohol abuse, or drug abuse  whether either parent has made false allegations  whether there are siblings and the current location of those siblings the child’s expressed preference regarding his or her custody (Note that in Nebraska only adults (age 19 years and older) have say in where and with whom they live. Children in custody matters may be given input through a guardian ad litem or sometimes, speaking to the judge, but they are never allowed to choose custody arrangements.) What is a Guardian Ad Litem? When a child’s custody is in dispute, or if there is a dispute over visitations, the court may assign an attorney to be a guardian ad litem – to help the court gather information and determine what is in the child’s best interests. The guardian ad litem is NOT an attorney for the child (that is

What Is Marital Misconduct? Marital misconduct refers to any actions that erode or undermine the marital relationship. Many things might be considered marital misconduct. Some examples are: Extramarital affairs Abandonment Misappropriation of the marital estate Concealment of Assets Drug or Alcohol Abuse Financial Abuse/Control Nebraska uses a ‘no-fault’ divorce model, which means that generally bad behavior by one or both spouses has no effect on court’s determination of property and debt division or child custody, unless the misconduct/bad behavior can be proven to have direct negative effect on the financial marital estate or the minor children. This is a very high standard. What is a No-Fault Divorce? There are many reasons couples may choose to part ways. It is not for anyone to judge except those in the relationship. Nebraska follows a “no-fault” model in its divorce laws. The only requirement individuals need to meet to seek a divorce is to demonstrate that the marriage is irretrievably broken. Even if one spouse does NOT want to divorce, if the other spouse is requesting a divorce, the law will consider the marriage irretrievable. What is Alimony? Alimony, otherwise known as spousal support, is money that one spouse is ordered to pay to another to assist in maintaining an appropriate standard of living. Alimony is never used to equalize the income of the parties, and it is not enough for one spouse to earn significantly more than the other spouse. Alimony is never used to punish bad behavior by one spouse or

A Perspective on Relocation Disputes (aka “Removal”) Relocation or Removal Disputes typically arise when a custodial parent requests permission from the court to move with a minor child or children. This is most commonly due to a job transfer, remarriage, or other significant life change. These disputes can be complex and emotionally charged, as they involve determining the child(ren)’s best interests and balancing the rights of both parents. The non-custodial parent may object to the relocation, citing concerns about the impact on their relationship with the child, logistical challenges to exercise parenting time, or the child’s stability. Before deciding whether a move with a child is allowed, the court must consider all factors, including the child’s relationship with each parent, the reason for the move, and the potential impact on the child’s well-being. In these cases, both parents need to seek experienced legal counsel to navigate the complexities of custody disputes. GordenLaw LLC can help parents understand their rights and responsibilities and work towards finding a solution that prioritizes the child’s best interests while protecting each parent’s rights. Communication and cooperation between the parents are crucial in these situations to develop a healthy parenting plan and a strong relationship between child(ren) and parent. What Does the Court Consider in Relocation Disputes? There are many different reasons the court might consider a relocation case. Most often, there is a dispute about removal between two divorced parents or parents where custody has been established previously, wherein a custodial parent wants to move

The Impact of Adultery on Divorce Proceedings Like most states, Nebraska is a “no fault” state when it comes to divorce. This means adultery, cruelty, substance abuse, etc. are not required in order to end a marriage. It also means that bad behavior by either spouse does not have any effect on determinations of dividing the marital estate or custody or parenting time of the children, with certain very limited exceptions Division of Property While Nebraska follows the principle of equitable distribution when dividing marital property, the court may consider factors such as the misspending of assets. If one spouse can demonstrate that the other spouse wasted marital assets on an extramarital affair, it could be a factor in the property division process. It is essential to note that the burden of proof lies with the spouse claiming adultery. Providing concrete evidence, such as financial records or documentation of significant expenditures related to the extramarital affair, is crucial to substantiate the argument and influence the court’s decision. Ultimately, the courts have considerable discretion in determining an equitable distribution. While adultery itself may not be a determining factor, the financial consequences of extramarital relationships can be weighed by the court when deciding how to divide property fairly. Alimony Adultery and other fault is not a factor in determining alimony or spousal support. The factors for alimony in Nebraska include the length of the marriage, history of contributions to the marriage, ability of the requesting spouse to work while caring for children,

Can You Keep Your Personal Assets Safe in a Divorce? If you’re divorcing or expecting a divorce in Nebraska, you should be treated fairly by the divorce court, and the terms of the divorce decree should accommodate your needs. A Lincoln divorce attorney will make sure that you are treated properly by the court. Divorce is never easy, and apprehensions about your financial future may make your divorce even more difficult. How are marital assets divided in Nebraska divorce proceedings? How will a divorce lawyer make sure you receive everything that is rightfully yours? The first thing you should know about divorcing in Nebraska is that it is advisable to have the  advice of a Lincoln divorce lawyer from the beginning. Before you file for divorce – or immediately after you learn that your spouse is considering divorce – speak with an attorney. How will the Court Divide Assets? Nebraska is an “equitable division state” – this means that the Court is attempting to achieve equitable and fair divisions, not necessarily 50/50 (although 50/50 is presumed to be fair under most circumstances). In Nebraska, it does not matter whether an asset or debt is titled in only spouse’s name. If an asset was received during the marriage or a debt was incurred during the marriage, it is presumed marital and subject to being divided unless one of the narrow exceptions applies. How Does a Court Divide Marital Assets and Properties? Dividing the marital assets and properties starts with both divorcing

Establishing Paternity in Nebraska as an Unmarried Father In Nebraska, if a father is not married to the mother when a child is born, there are 3 ways paternity can be established: 1) By signing an Acknowledgment of Paternity in front of a notary; 2) By filing a Complaint to Establish Paternity before the child is 4 years old; or 3) If a next friend or the State of Nebraska files to establish paternity (can be done until child is 18 years old). Acknowledgment of Paternity The Acknowledgement of Paternity is a voluntary and formal legal document that unmarried parents can use to establish the biological relationship between the father and the child. This process is relatively simple and is most often initiated at the hospital when the child is born. The mother and the alleged father must complete and sign the form. The signatures must be witnessed and notarized. Ensuring that all information provided is accurate and matches the details on the child’s birth certificate is crucial. Once the form is completed and signed, it is filed with the Nebraska Department of Health and Human Services (DHHS). Hospitals often do this automatically. By signing the Acknowledgment of Paternity, the alleged father acknowledges that he is the biological parent of the child. This recognition allows the father to exercise parental rights, including visitation and custody. The mother or alleged father may rescind (take back) their statements on the acknowledgment form. Either party has 60 days from the signing of the

Going through a divorce is already a complicated process. Your finances, properties, possessions, and social life may be on your mind, but the issue becomes even more precarious when you add children. If you have exhausted all other options and feel like your marriage can not succeed, consider these five factors before filing. The legal counsel for divorce matters in Nebraska at GordenLaw, LLC are here to help you along this challenging time. Factor One: Consider Your Finances Even an amicable divorce has the potential to be expensive. You and your partner will likely divide your assets. Although it may not seem like it, this is essentially equivalent to halving your net worth. Factor in the fact that you will need enough assets to find a new place to live, furnish that new place, and any expenses with moving your property to the new location. You may need to buy a new vehicle if you do not own one or if you are not keeping a vehicle from your marriage. This means you will also need to consider the cost of insurance, registration, and potentially parking. If you choose to move to a different city or different state after your divorce, this will accrue even more expense. If you and your partner have a house with a mortgage, consider the increased cost if you take over the entire mortgage or remove yourself from the mortgage post-divorce if you will not be keeping the home. This process will happen in repeat