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How Are Custody Decisions Made?

On Behalf of | Oct 6, 2020 | Paternity And Custody

Leaving decisions about custody in the court’s hands can be stressful, and you might not like feeling as if you don’t have control. However, the Nebraska courts make their decisions based on the best interests of your child. They will do their best to set your child up for success and put their happiness and well-being at the center of their decisions.

But what factors do they consider when deciding what is in your child’s best interests? There are a variety of considerations the courts will take into account that can be divided into three main categories: conditions based on parents, conditions based on the home and conditions based on your children.

The Parents

The factors that the courts will look at that deal with you and your child’s mother involve multiple aspects including the quality of the relationship between your child and both you and their mother, the mental and physical health of both parents as well as your work obligations. This also includes both your ability and willingness to provide for your child.

The courts will also look into past instances of abuse or violence, including substance abuse patterns.

The Home

The condition of your home also factors into the court’s decision. This can involve a few different things such as the physical state of your house as well as its location in relation to your child’s school, friends and extracurricular activities. The courts may also consider its proximity to other members of your family. The main consideration in this category is which home can provide the most continuity and stability for your child.

The Kids

Finally, the courts consider factors involving your children when making these decisions. Oftentimes the courts will rule partially in favor of your child’s preference when deciding custody, especially in cases of older children.

Custody decisions are difficult to predict, but these are several guidelines and factors that courts commonly consider when making their decisions. An experienced family law attorney can give you more information about your specific situation and help advise you during the custody process.