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Help for fathers when shared custody isn’t working out

On Behalf of | May 3, 2024 | Fathers' Rights

Like many other states, Nebraska has historically awarded custody primarily to the mother, with the father usually ending up with visitation rights. Times are changing, however, and courts are moving toward considering each parent individually while deciding which one should have primary custody. In some cases, the court may initially award a father shared custody but later realize that this situation is not best for the children. If you believe your children are suffering because of your shared custody arrangement with their mother, you have the right to request a change to your custody order.  

When is full custody an option? 

Generally, a family court judge prefers to order a custody arrangement where children spend time with both parents. But in cases where spending time with one parent could be harmful to a child, the court may give the other parent full custody. Except in very extreme circumstances, the court would still permit the other parent visitation. If the judge is concerned about the welfare of the child under the care of a parent, he or she may order supervised visitation. 

If you’re worried about your children spending time with their mother, you can request a family court judge review the custody order to determine if changes are necessary. Keep in mind that it’s not easy to gain full custody. Most judges will only order full custody if the other parent is abusive, neglectful or has substance abuse issues. If you believe your children’s mother is subjecting them to harmful behavior, you have the right to request a modification to the custody order.  

Requesting full custody 

The goal of a family court judge is to do what is best for the children. The court often overlooks fathers when it comes to granting full custody, but this shouldn’t stop you from requesting it if you believe it’s in the best interest of your children. Work with your attorney to understand your options and decide if you should request a hearing to have your child custody order modified.  

If your children have spoken to you about the conditions at their mother’s home and you have legitimate concerns, you should speak up. The court will request proof of your allegations before adjusting the custody arrangement in your favor. Even if the court awards you full custody, that could change in the future if your children’s mother makes significant changes in her life and is better able to care for your children after those changes.  

Legal advice 

When dealing with child custody matters, you must allow the court to decide what is best for your children. If you have concerns as a father that your ex is not caring for your children properly, you have the right to seek full custody. Work with someone familiar with Nebraska’s custody laws so you’re able to advocate for your children and seek a solution that benefits them most. 

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