Custody in Nebraska.

Decisions against where the child lives

Neb. Rev. Stat. § 42-364(1)(b) requires the decree in a custody case to include "the determination of legal custody and physical custody based upon the best interests of the child, as defined in the Parenting Act." Both determinations must be made by incorporating a parenting plan into the decree — either one the parents developed and the court approved, or one the court builds after a hearing in open court. Legal custody is decision-making authority; physical custody is where the child lives. Under § 42-364(3), either or both can be joint.

What the judge must weigh

The best interests of the child require:

1. (1) A parenting arrangement and parenting plan or other court-ordered arrangement which provides for a child's safety, emotional growth, health, stability, and physical care and regular and continuous school attendance and progress for school-age children;
2. (2) When a preponderance of the evidence indicates domestic intimate partner abuse, a parenting and visitation arrangement that provides for the safety of a victim parent;
3. (3) That the child's families and those serving in parenting roles remain appropriately active and involved in parenting with safe, appropriate, continuing quality contact between children and their families when they have shown the ability to act in the best interests of the child and have shared in the responsibilities of raising the child;
4. (4) That even when parents have voluntarily negotiated or mutually mediated and agreed upon a parenting plan, the court shall determine whether it is in the best interests of the child for parents to maintain continued communications with each other and to make joint decisions in performing parenting functions as are necessary for the care and healthy development of the child. If the court rejects a parenting plan, the court shall provide written findings as to why the parenting plan is not in the best interests of the child;
5. (5) That certain principles provide a basis upon which education of parents is delivered and upon which negotiation and mediation of parenting plans are conducted. Such principles shall include: To minimize the potentially negative impact of parental conflict on children; to provide parents the tools they need to reach parenting decisions that are in the best interests of a child; to provide alternative dispute resolution or specialized alternative dispute resolution options that are less adversarial for the child and the family; to ensure that the child's voice is heard and considered in parenting decisions; to maximize the safety of family members through the justice process; and, in cases of domestic intimate partner abuse or child abuse or neglect, to incorporate the principles of victim safety and sensitivity, offender accountability, and community safety in parenting plan decisions; and
6. (6) In determining custody and parenting arrangements, the court shall consider the best interests of the minor child, which shall include, but not be limited to, consideration of the foregoing factors and:
7. (6)(a) The relationship of the minor child to each parent prior to the commencement of the action or any subsequent hearing;
8. (6)(b) The desires and wishes of the minor child, if of an age of comprehension but regardless of chronological age, when such desires and wishes are based on sound reasoning;
9. (6)(c) The general health, welfare, and social behavior of the minor child;
10. (6)(d) Credible evidence showing increased intellectual and social growth in children who have equal access to both parents;
11. (6)(e) Credible evidence of abuse inflicted on any family or household member. For purposes of this subdivision, abuse and family or household member shall have the meanings prescribed in section 42-903; and
12. (6)(f) Credible evidence of child abuse or neglect or domestic intimate partner abuse. For purposes of this subdivision, the definitions in section 43-2922 shall be used.

Recently changed. Amended by LB965, operative 18 July 2026, which inserted a new factor (6)(d) — “credible evidence showing increased intellectual and social growth in children who have equal access to both parents” — and re-lettered the two that followed.

What the child wants

Yes, and Nebraska's wording is unusually thoughtful about it. Neb. Rev. Stat. § 43-2923(6)(b) requires the court to consider "[t]he desires and wishes of the minor child, if of an age of comprehension but regardless of chronological age, when such desires and wishes are based on sound reasoning." There is no age cutoff. What matters is whether the child understands and whether the reasoning behind the preference is sound. Section 43-2929(5) also directs that in developing a parenting plan, consideration be given to the child's age, developmental needs and perspective.

Where there has been violence or abuse

Neb. Rev. Stat. § 43-2932. When the court is required to develop a parenting plan, if a preponderance of the evidence demonstrates it, the court must determine whether a parent has committed child abuse or neglect, child abandonment under § 28-705, domestic intimate partner abuse, or has persistently interfered with the other parent's access to the child. If so, "limits shall be imposed that are reasonably calculated to protect the child or child's parent from harm" — the statute lists sole legal or physical custody to the other parent, supervised parenting time, exchanges through an intermediary or in a protected setting, restraints on communication or proximity, abstaining from alcohol or non-prescribed drugs, denial of overnight parenting time, restrictions on who may be present, a bond to secure the child's return, and any other conditions needed for safety. Critically, § 43-2932(3) shifts the burden: the court may not give that parent legal or physical custody without special written findings that the child and the other parent can be adequately protected, and "[t]he parent found to have engaged in the behavior specified in subsection (1) of this section has the burden of proving that legal or physical custody, parenting time, visitation, or other access to that parent will not endanger the child or the other parent." Section 43-2933 separately bars custody or unsupervised access for registered sex offenders and people convicted of certain offenses, absent a written finding of no significant risk.

The parenting plan

Yes, always. Neb. Rev. Stat. § 43-2929(1): "In any proceeding in which parenting functions for a child are at issue under Chapter 42, a parenting plan shall be developed and shall be approved by the court… When a parenting plan has not been developed and submitted to the court, the court shall create the parenting plan in accordance with the Parenting Act." The plan must determine legal and physical custody of each child; apportion parenting time, visitation or other access including specific holidays, birthdays, Mother's Day, Father's Day, school and family vacations, with dates and times specific enough to be enforced; state where the child is during the week, weekend and given days of the year; include a transition plan covering times, places and transportation for exchanges; set procedures for day-to-day decisions; provide a remediation process for future modifications; include arrangements to maximize the safety of all parties and the child; ensure regular school attendance; and include safety provisions where a preponderance of the evidence establishes child abuse or neglect, domestic intimate partner abuse, unresolved parental conflict, or criminal activity directly harmful to a child. It must also require the parties to notify each other of address changes — with an exception limiting that to county and state for a party living at an undisclosed location for safety reasons. We could not confirm the name or number of a statewide Nebraska Supreme Court parenting-plan form; ask the clerk of the district court.

Mediation

Effectively yes, if you cannot agree. Neb. Rev. Stat. § 43-2937(3): for cases filed on or after July 1, 2010, "all parties who have not submitted a parenting plan to the court within the time specified by the court shall be ordered to participate in mediation or specialized alternative dispute resolution." Section 42-364(1)(a) says the same thing from the other direction — if the parties and counsel do not develop a parenting plan, the case is referred to mediation or specialized ADR. Getting out of it is hard: under § 43-2937(4) and § 42-364(1), waiver requires good cause plus either a bona fide agreement of both parents or a showing that mediation is not possible without undue delay or hardship, and the court must hold an evidentiary hearing at which the party seeking waiver carries the burden by clear and convincing evidence. Where there are allegations of domestic intimate partner abuse or unresolved parental conflict, the case goes to "specialized alternative dispute resolution" rather than ordinary mediation — a process that under § 43-2937(2) must allow the court to disqualify parties from participating, must educate both parties about the process, requires informed consent from both to proceed, must include safety protocols such as separate individual sessions for each participant, allows support persons to attend, and must have opt-out-for-cause provisions.

If the court appoints someone to look into it

Neb. Rev. Stat. § 42-358(1): "The court may appoint an attorney to protect the interests of any minor children of the parties. Such attorney shall be empowered to make independent investigations and to cause witnesses to appear and testify on matters pertinent to the welfare of the children. The court shall by order fix the fee, including disbursements, for such attorney, which amount shall be taxed as costs and paid by the parties as ordered. If the court finds that the party responsible is indigent, the court may order the county to pay the costs."

If you were never married

The Parenting Act applies to you too. Neb. Rev. Stat. § 43-2924(1)(b) makes the Act applicable to proceedings under §§ 43-1401 to 43-1418, which are Nebraska's paternity statutes — so a never-married parent gets the same parenting plan requirement, the same best-interests standard, and the same mediation referral. One practical wrinkle: under § 43-2924(4), the Parenting Act does not apply to an action filed by a county attorney purely to establish paternity and child support, and a county attorney may not participate in developing or reviewing a parenting plan. But "[i]f both parents are parties to a paternity or support action filed by a county attorney or authorized attorney, the parents may proceed with a parenting plan."