Child Custody Looking After Your Best Interests

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.

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.

Our Promise to Our Clients

  • We will always work hard and diligently to advance your case and to help you receive a favorable outcome
  • We will always provide transparent and honest billing
  • We will always answer or return your phone calls and respond to your emails in a timely manner, if you call your attorney the attorney will call you back, not his support staff.

  • We will always take the time to explain your case and answer your questions.
  • We ensure you that you will always have access to your attorney
  • We will always tell you the truth, no matter the circumstance

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