Child Custody in Nebraska (2026)

The Nebraska Parenting Act: A Structured Framework for Custody

Nebraska takes a notably structured approach to custody proceedings through the Nebraska Parenting Act, codified in Neb. Rev. Stat. Sections 43-2922 through 43-2943. This comprehensive statute does more than establish custody standards — it creates a complete procedural framework that requires parents to develop detailed parenting plans, attend mandatory education classes, and attempt mediation before any contested custody matter reaches trial.

The Parenting Act reflects Nebraska’s philosophy that custody outcomes improve when parents are educated about the impact of divorce on children, given tools to communicate effectively, and encouraged to reach agreements rather than having terms imposed by a judge. For every parent going through a custody case in Nebraska, understanding the Parenting Act’s requirements is the essential first step.

Mandatory Parenting Plans

The Parenting Act requires all parents in custody proceedings to develop a parenting plan. This is not optional — every case must result in a plan that addresses:

• Legal custody arrangements, specifying who has decision-making authority over education, health care, religious upbringing, and other significant matters
• Physical custody and a specific parenting time schedule
• Provisions for resolving future disputes between the parents without returning to court
• Procedures for modifying the plan as circumstances change
• How parents will share information about the child’s health, education, and welfare

If the parents agree on a plan, the court reviews and approves it. If they cannot agree, the court establishes one after considering the statutory best interest factors.

Mandatory Parenting Education Course

Nebraska requires parents to attend a parenting education course as part of any custody proceeding. This requirement applies to both contested and uncontested cases. The course covers the impact of separation and divorce on children, age-appropriate developmental needs, communication strategies for co-parents, and the effects of parental conflict on child adjustment. The course must be completed before the court will enter a final custody order.

Mediation Before Trial

Nebraska requires mediation in custody cases under the Parenting Act. Before a contested custody matter can proceed to trial, the parties must participate in mediation to attempt to resolve their disputes. The mediator helps parents work through disagreements about the parenting plan in a structured, non-adversarial setting.

Mediation may be waived in cases involving domestic violence or child abuse when the court determines that mediation would be inappropriate or unsafe. If mediation is unsuccessful, the case proceeds to a hearing. For more on this process, see our guide on custody mediation.

Best Interests Factors

Under Neb. Rev. Stat. Section 42-364, the court considers the following factors when determining custody:

• The relationship of the child to each parent prior to the filing of the action
• The desires and wishes of the child, if the child is of sufficient age of comprehension
• The general health, welfare, and social behavior of the child
• Credible evidence of abuse inflicted on any family or household member
• Credible evidence of child abuse or neglect or domestic intimate partner abuse
• The relationship of the child with each parent, siblings, and other significant persons
• The child’s adjustment to home, school, and community
• The willingness of each parent to facilitate and encourage a close and continuing relationship between the child and the other parent

Nebraska courts place substantial emphasis on the last factor. A parent who demonstrates a pattern of encouraging the child’s relationship with the other parent is viewed favorably, while a parent who interferes with or undermines that relationship may face adverse custody consequences.

Types of Custody

Nebraska recognizes four primary custody arrangements:

• Sole legal custody — One parent has exclusive authority to make major decisions regarding the child’s welfare
• Joint legal custody — Both parents share decision-making authority on significant matters
• Sole physical custody — The child primarily resides with one parent, and the other has scheduled parenting time
• Joint physical custody — The child spends substantial time living with each parent

Nebraska does not have a statutory presumption in favor of joint custody. The court evaluates each case individually and may award any combination of legal and physical custody that serves the child’s best interests. For a broader explanation of custody types, see our guide on types of child custody.

Child’s Preference

Nebraska does not establish a specific age at which a child may express a custody preference. The court may consider the “desires and wishes of the child” if the child is of “sufficient age of comprehension.” In practice, courts give increasing weight to a child’s stated preference as the child matures and demonstrates the ability to articulate reasoned views. The court may interview the child privately or appoint a guardian ad litem to represent the child’s interests.

Relocation

Under Neb. Rev. Stat. Section 42-364.02, a custodial parent who intends to relocate with the child must provide the other parent with 60 days written notice before the proposed move. If the non-relocating parent objects, the court holds a hearing to determine whether the relocation is in the child’s best interests. The court considers the reasons for the move, the impact on the child’s relationship with both parents, and whether the parenting plan can be modified to preserve meaningful contact.

Grandparent Visitation

Under Neb. Rev. Stat. Section 43-1802, grandparents may petition for visitation when a substantial, positive relationship exists between the grandparent and the child and the visitation would serve the child’s best interests. The court considers the amount of personal contact between the grandparent and the child prior to the petition and whether granting visitation would adversely affect the parent-child relationship.

Modification of Custody

To modify an existing custody order in Nebraska, the parent seeking the change must demonstrate a material change of circumstances that makes modification necessary for the child’s welfare. The court applies the same best interest factors used in the original determination. Nebraska courts value stability in children’s lives and require a meaningful showing before altering an existing arrangement.

When to Seek Legal Help

Nebraska’s Parenting Act creates a structured framework for custody proceedings, but the factual determinations involved — particularly around best interests, mediation, and relocation — can be complex. If you are involved in a contested custody case or need to modify an existing order, consider scheduling a free consultation with an experienced family law attorney.

Frequently Asked Questions

What does the Nebraska Parenting Act require?

The Parenting Act (Neb. Rev. Stat. Sections 43-2922 through 43-2943) requires all parents in custody proceedings to develop a parenting plan addressing legal custody, physical custody, a parenting time schedule, and dispute resolution methods. Parents must also attend a mandatory parenting education course.

Does Nebraska require mediation in custody cases?

Yes. Under the Parenting Act, Nebraska requires mediation in custody cases before a contested matter can proceed to trial. Mediation may be waived in cases involving domestic violence or child abuse when the court determines it would be inappropriate or unsafe.

How much notice must a relocating parent give in Nebraska?

Under Neb. Rev. Stat. Section 42-364.02, a custodial parent must provide the other parent with 60 days written notice before a proposed relocation. If the non-relocating parent objects, the court holds a hearing to determine whether the move is in the child’s best interests.

Does Nebraska have a presumption for or against joint custody?

No. Nebraska does not have a statutory presumption in favor of joint custody. The court evaluates each case individually under Section 42-364, and courts place substantial emphasis on each parent’s willingness to facilitate the child’s relationship with the other parent.

What happens if I do not complete the parenting education course?

The court will not enter a final custody order until both parents have completed the mandatory parenting education course. Failure to complete the course can delay your case and may be viewed unfavorably by the court.

Can grandparents get visitation rights in Nebraska?

Yes, under Neb. Rev. Stat. Section 43-1802. Grandparents must demonstrate that a substantial, positive relationship already exists with the child and that visitation would serve the child’s best interests. The court also considers whether visitation would adversely affect the parent-child relationship.

How This Guide Was Researched

This guide was developed through a comprehensive review of the Nebraska Parenting Act (Neb. Rev. Stat. Sections 43-2922 through 43-2943), Neb. Rev. Stat. Section 42-364 (custody determination and best interest factors), Section 42-364.02 (relocation requirements), and Section 43-1802 (grandparent visitation). We consulted the Nebraska Judicial Branch self-help website for current court forms, parenting education course requirements, and procedural guidance. Nebraska Supreme Court decisions interpreting the Parenting Act and best interest factors were reviewed for current application. The Nebraska State Bar Association’s family law section resources provided additional interpretive context.

Sources and Legal References

• Neb. Rev. Stat. Sections 43-2922 through 43-2943 — The Nebraska Parenting Act (parenting plans, education, mediation)
• Neb. Rev. Stat. Section 42-364 — Best interest factors for custody determinations
• Neb. Rev. Stat. Section 42-364.02 — Relocation notice requirements and standards
• Neb. Rev. Stat. Section 43-1802 — Grandparent visitation rights
• Nebraska Supreme Court Rules — Parenting education course standards and mediation procedures

Official Nebraska Resources

• Nebraska Judicial Branch — Families & Children

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

• Divorce in Nebraska — Filing requirements, property division, and the 60-day waiting period
• Child support in Nebraska — Income shares model, age-19 majority, and modification
• Nebraska child support guidelines — Detailed calculation walkthrough
• Custody mediation — How mediation works and how to prepare
• Parenting plans — General guide to building an effective parenting plan
• Grandparent custody and visitation — Rights and options for grandparents
• Modifying a custody order — Standards and process for changing existing orders
• How custody is determined — National overview of custody standards