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How does the court make decisions on child custody?

On Behalf of | Apr 29, 2022 | Parenting Plans And Parenting Time

As a father, you want what is best for your children. You know that a divorce will change your life and the lives of your kids, and your goal is to help them maintain as much continuity of lifestyle as possible. You also want to shield their best interests in any way you can, and that means fighting for a reasonable custody and visitation order, either in negotiations or in court.

It is possible for parents to reach an agreement on the terms of a custody and visitation order. You and the other parent may be able to reach terms that allow both of you to have relatively equitable parenting time and access to your kids. However, when Nebraska parents are not able to agree on terms outside of court, it is necessary to go to court. If you are preparing to go to court, it may help to know what the courts consider when making custody decisions.

Important factors and details

The goal of any custody decisions made by the court is to protect the best interests of the child above all else. This looks different in each custody case, and what is best for your kid depends on the details of your individual situation, including health status of kid, capability of the parents and more. When hearing a custody case, a family court will take the following into consideration:

  • Child’s developmental state and emotional health
  • Availability of extended family
  • Any history or allegations of abuse
  • Educational needs or special needs of the child
  • Preferences of the child

In court, each parent will have the opportunity to provide evidence to support his or her claim. In pursuit of your desired outcome, you can bring witnesses and provide documentation, and you may also have the opportunity to speak about your concerns and desires for your children.

Advocating for your kids

Navigating custody and visitation matters is complicated. If you think you may have to go to court to fight for your desired outcome regarding your parenting time and legal rights, it will help to know ahead of time what the courts will take into consideration. Understanding how the courts weigh certain factors and determine the best interests of the kids can help you prepare a legal strategy that will allow you to more effectively fight for a satisfactory outcome.

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