Going through a divorce can be hard for either or both spouses, but it is especially difficult for the children shared by the two parties. Studies have found that children tend to have the happiest, healthiest lives and the most optimal development in physical, mental, and emotional growth when they have the love and guidance of both their parents.
Establishing custody can be very difficult. A lot will depend upon what each parent has done to care for the children during the marriage or if one parent has adopted the more primary provider role than the other parent.
Other factors play a significant role in the judge's determination as well, such as:
During this challenging time, you will need compassionate Omaha child custody lawyers who fully understand the nuances of the process. Count on the Hathaway Law Group, P.C. L.L.O. to look after your child’s best interests and achieve the solution that most benefits your family.
There are two aspects of child custody. Both are very important and also very different in characteristics as they apply to you and your children.
The two primary kinds of custody include:
1. Legal Custody
2. Physical custody
A father in Nebraska has legal rights to full custody, joint custody, and visitation or supervised visitation. As long as the father's name is on the birth certificate, that father will have legal rights to their child. However, if the judge believes the father is an unfit parent, the judge will determine the extent of custodial and visitation rights.
When parents divorce in Omaha and cannot agree, the court must decide for them. For legal custody, the court has two options. First, the court can maintain the presumptive joint legal custody where both parents keep an equal say regarding significant decisions in a child’s life. Or the court can award one parent sole legal custody and, in that case, that parent will make those critical life decisions for the child.
Joint legal custody is the favored approach; however, it does require that parents maintain good communication. The ability to work together to make decisions that are in the best interest of their child.
When parents are unable to work together, unable to co-parent, or one parent is unfit, unwilling, or unable to discharge the duties necessary to parent their child the court may award sole physical custody to one parent. Sole physical custody is when one parent has the primary parenting responsibility of the child. The parent not awarded sole physical custody will have a parenting time as set forth by the court.
The recent movement toward presumptive joint physical custody is a rebuttal presumption. This means that if either parent can prove the other is unable to co-parent or discharge parental duties as a single parent, joint custody should not be ordered.
Because these situations are so complicated, let our family law attorneys in Omaha support you in sorting out all the intricate details.