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The Law Offices of James A. Adams, P.C., L.L.O.
Phone: 800-561-9043

Child custody in Nebraska doesn't default to mothers

There was a time in which divorces involving children almost always went one way. Mothers almost invariably got sole custody of children, with the social belief that women were the only natural nurturers and caregivers of young people. Recent studies have shown that routine and caring parents who set good expectations have better adjusted children.

There are two different types of custody that matter the most to parents. Physical custody is the classic definition of time spent with children as they reside under a person's roof. Legal custody involves more of the decisions that parents have to make on behalf of their children, like where to get an education or how to learn about organized religion.

Nebraska law does not allow for prejudice based on parents' genders when judges are making decisions regarding legal or physical custody. In fact, no assumptions are to made about the general competency of a parent, including based on physical disability.

Parenting plans make it easier for courts in the Cornhusker State to make decisions for children of divorce. Parents have to work together to decide the answer to many of the questions of legal or physical custody, or at least decide how conflicts will be worked out in the future.

Fathers looking to assert their rights to custody always may be able to seek legal representation for custody hearings or filings. This also applies to paternity lawsuits in which fathers are seeking recognition of their rights in the first place. No one should try to seek these fundamental rights without the proper legal help.

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