Omaha Child Custody Lawyer
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
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.
Choosing Between Joint or Sole Physical Custody
Suppose the parents are unable to work together or unable to co-parent.
In that case, 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. 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.
Call our Omaha family law lawyers today at
(402) 503-3088 or
contact us online today. We can answer all of your questions related to child custody.