Child Custody Lawyers in Omaha
Get Connected with Our Nebraska Child Custody Lawyers
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.
How is Child Custody Determined in Omaha?
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:
- Work schedule
- Financial ability
- Involvement in the children’s educational needs
- Encouragement of the children's extracurricular pursuits
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.
Contact us online or call our firm at
(402) 503-3088 to receive a free consultation with our Omaha child custody attorneys
on how to best protect your child’s well-being and custody.
What are Legal Custody & Physical Custody in Nebraska?
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
- Legal custody is the right you have as a parent to make or to participate
in making significant decisions in your child’s life.
- Decisions such as those which affect the child’s education, health
and welfare, and religion. Legal custody includes the critical decisions
of your child’s life.
2. Physical custody
- This type of custody is what most people consider when they discuss custody
of children. Physical custody is the actual time that each parent spends
with the child.
Recently there has been a movement toward the presumption that
joint physical custody is in the child's best interest.
- Joint physical custody is an arrangement where each parent is awarded approximately
equal time with the child. Although each jurisdiction has its proclivities,
most courts agree that an award of joint physical custody must allow each
parent to have a minimum of 40% of the time with the child.
- Joint physical custody, generally, requires that both parents can communicate
and maintain a healthy working relationship, with each other, so that
they will be successful at co-parenting.
How to Choose Between Joint or Sole Legal Custody
When parents get
divorced, and the parents are unable to agree, the court must decide for them.
For legal custody, the court has two options. The court can maintain the
presumptive joint legal custody where both parents keep an equal say as
to 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 and the ability to work together to
make decisions that are in the best interest of their child.
Choosing Between Joint or Sole Physical Custody
If the parents are unable to work together or unable to co-parent, then
the court may award sole physical custody to one parent. Sole physical
custody places one parent on the primary parenting responsibility of the
child. The parent not awarded sole physical custody will have a limited
parenting schedule and less physical time with the child. The recent movement
toward presumptive joint physical custody is a rebuttal presumption. Meaning
that if either parent is able to prove the other is unable to co-parent
or discharge parental duties as a single parent then joint custody should
not be ordered.
Because these situations are so complicated, let our Omaha child custody
attorneys support you in sorting out all the intricate details.
Call our Omaha child custody attorneys today at
(402) 503-3088 or
contact us online today. We can answer all of your questions related to child custody.