How to modify child custody and parenting time in Nebraska

Sources last checked 8 November 2026. Information only, not legal advice. This page rests on Nebraska Revised Statute 42-364 as published by the Nebraska Legislature on nebraskalegislature.gov, including the short case annotations the Legislature prints beneath it. We read the annotations, not those opinions, and we read one full Nebraska Supreme Court opinion, Heistand v. Heistand (2004), on CourtListener. Nebraska calls custody arrangements a “parenting plan” and the governing law the Parenting Act. Read what we could not confirm below.

Nebraska divorce kit Child custody in Nebraska Modifying child support and spousal support in Nebraska After your divorce: changing a support or custody order

The short version

The statute does not state the test for changing custody. It sends you to a separate law and a separate procedure. Section 42-364(6) says that “Modification of a parenting plan is governed by the Parenting Act” and that a modification starts by filing a “complaint to modify”. The test itself comes from case law. In Heistand v. Heistand, 267 Neb. 300 (Neb. 2004), the Nebraska Supreme Court said custody of a minor child will not ordinarily be modified unless there has been a material change in circumstances showing that the custodial parent is unfit or that the child’s best interests require it. That is a 2004 opinion, so treat it as the standard as we found it, not as a guarantee of today’s test. For support instead, see modifying child support and spousal support in Nebraska.

What the statute says

How to start. Modification proceedings for support, custody, parenting time, visitation, other access or removal of children from the state are commenced by filing a complaint to modify. Service of process and other procedure must follow the rules for a dissolution action.
Mediation first. Proceedings to modify a parenting plan “shall be referred to mediation or specialized alternative dispute resolution” under the Parenting Act. The court may waive this for good cause, such as a bona fide agreement of both parents or undue delay or hardship, but only after an evidentiary hearing where the party seeking waiver must show it by clear and convincing evidence.
Best interests. Custody is determined on the basis of the child’s best interests as defined in the Parenting Act. The court gives no preference based on a parent’s sex or disability, and, except as section 43-2933 provides, no presumption exists that either parent is more fit.
Joint custody. Custody may be placed with both parents on a joint legal or joint physical basis if both agree in the parenting plan and the court finds it in the child’s best interests, or if the court specifically finds after a hearing that it is in the child’s best interests regardless of agreement.

What the Nebraska Supreme Court said in Heistand

The test. “Ordinarily, custody of a minor child will not be modified” without a material change in circumstances showing that the custodial parent is unfit or that the child’s best interests require the change.
Who carries the burden. The court said the party seeking modification “bears the burden of showing a change in circumstances”, and that the evidence of that change must be proved at trial and be in the record.
What counts as material. A material change means the occurrence of something that, had the court known it at the original decree, “would have persuaded the court to decree differently”.
The result. A father asked to move a child’s physical custody from her mother. The Supreme Court, on de novo review, held the district court abused its discretion in ordering it.
What that means in practice. Describe what is new since the decree and why the original court would have ruled differently if it had known. Disagreement with the original ruling is not enough.

What the annotations add

These summaries are written by the Legislature’s publisher, not by courts, and we did not check them against the opinions.

New facts. Facts about the child’s best interests that were not available at the first custody decision may be considered on a later application to modify (State ex rel. Laughlin v. Hugelman, 1985).
Notice and hearing. A court may modify custody only after notice to the parties and an opportunity to be heard (Tautfest; Templeton v. Templeton, 2001).
Visitation changes. The best interests of the child are paramount in modifying visitation (Walters v. Walters, 2004).
Summons. Summons must be served on the defendant in a modification proceeding (Burns v. Burns, 2016).

Forms and filing

We did not locate a Nebraska court form for a complaint to modify. The court that entered your decree normally keeps the case, so ask its clerk about forms, fees and local rules. See child custody in Nebraska for more.

What we could not confirm

The current test. We read one 2004 opinion and did not read the Parenting Act sections on modification or any later Nebraska opinion. We cannot say whether the Parenting Act or later cases changed the standard, or how courts treat a move. Talk to a Nebraska family lawyer before relying on this page.
Annotations. The case summaries above are from the Legislature’s page and may be incomplete or out of date.
Procedure. We did not check filing fees, fee waivers, local rules, temporary orders or the jurisdiction act (UCCJEA).

Sources

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