The Law Offices of James A. Adams, P.C., L.L.O.
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Why is a Nebraska judge drafting the parenting plan in my case?

In Nebraska, there are certain checks and balances that state legislators have put into place to ensure that children are protected from harm. This same system is also intended to offer both parents a fair shake when it comes to enjoying parenting time with their kids.

A judge is required to step in and devise a parenting plan when evidence suggests that it is in the child's best interest for them to do so. Specific instances in which state legislators agree that a judge should step in to render a decision include instances where a parent has previously abandoned, neglected or abused the child.

State law also requires judges to themselves devise a parenting plan in cases when parents have either been accused or convicted of domestic partner abuse. Judges are also mandated by law to draft their own parenting plans when parents have a history of interfering with their child's visitation or custody by the other parent.

Nebraska state law also allows judges to award one parent physical or legal custody, to restrict when a parent can communicate with their child or whether they can even be within a specific proximity to them. Judges can require any periods of visitation to be supervised and for exchanges of the child between parents to be done either in the presence of others or via an intermediary.

Judges have the authority to institute rules that prohibit a parent's use of either recreational drugs or alcohol both prior to and during a period of visitation or custody.

They can also altogether deny a parent's request to spend their parenting time physically in the presence of their child. A judge can also restrict who the child is eligible to spend time around while in a parent's custody and even require them to put up a bond to ensure that the child is returned.

If you're currently attempting to petition for custody or visitation rights to your child, an Omaha family law attorney can advise you of your right to do so.

Source: Nebraska Legislature, "Nebraska Revised Statute 43-2932," accessed May 25, 2018

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