Child Custody Attorneys in Omaha
Get Connected with Our Caring Custody Lawyers
Going through a
divorce can be hard for either or both spouses, but it is especially difficult
for the chidlren 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 such as work schedule, flexibility, and involvement with
the children’s educational and extracurricular pursuits will play
a part as well. During this challenging time, you will need compassionate
child custody lawyers in Omaha 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 now at
(402) 503-3088 to receive a free consultation on best protecting your child’s well-being
Legal Custody & Physical Custody
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:
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.
Decisionssuch as those which affect the child’s education, health
and welfare, and religion. Legal custody includes the critical decisions
of your child’s life.
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.
Choosing 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 in one parent 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 child
custody attorneys in Omaha support you in sorting out all the intricate details.
Call us today at
(402) 503-3088 or
contact us online so that the Hathaway Law Group, P.C. L.L.O. can answer all of your questions
related to child custody.