Divorce is usually an emotional and overwhelming experience, more so when children are involved. When it comes to deciding custody and parental visitation, dividing time between parents in a way that serves the best interests of the child while complying with Nebraska law can often be challenging.
At Anderson, Creager, and Wittstruck, P.C., L.L.O., we are experienced in helping parents develop co-parenting arrangements and are dedicated to helping families find solutions that prioritize the child's best interests. Here, we provide an overview of Nebraska's regulations for splitting parenting time and some best practices for splitting parenting time effectively.
Nebraska Regulations for Custody and Parenting Time
Nebraska recognizes two types of custody—legal custody and physical custody. Legal custody refers to a parent’s authority to make important decisions about the child’s upbringing, including decisions about education, healthcare, and religion. Physical custody, on the other hand, determines where the child physically resides.
When it comes to parenting time, Nebraska courts prioritize arrangements that are in the best interest of the child. The court will evaluate certain factors to determine appropriate parenting time designations, including, but not limited to:
The child’s relationship with each parent
The desires and wishes of the minor child if the child is sufficiently mature to express a preference
The health, welfare and social behavior of the minor child
Credible evidence of abuse inflicted on the child, family or household member
Moral fitness of the child's parents
Respective environments offered by each parent
The effect on the child as a result of continuing or disrupting an existing relationship
The attitude and stability of each parent's character
The parental capacity to provide physical care and satisfy educational needs of the child
The goal of child custody and parenting time is to promote ongoing and meaningful relationships between the child and both parents whenever possible, so long as it does not jeopardize the child’s safety or emotional health.
The Importance of a Parenting Plan
In Nebraska, if child custody is at issue, a Parenting Plan is developed to serve the best interests of the child. The Parenting Plan provides the framework for co-parenting after the divorce is finalized. The parenting plan must be approved by the court and should address several critical components, including:
Custody arrangements, including both legal and physical custody
Parenting time schedules, including regular parenting time, summer parentingt time and holidays
Communication guidelines between parents and with the child
Resolution methods for potential future disputes
Transportation responsibilities for parenting time exchanges
Parenting Plans should be well-thought-out, detailed, and sustainable for the long term. If you have children and are facing a divorce, it's important to consult with an experienced family law attorney who can help you develop a plan that minimizes conflict and is in the child’s best interests.
Key Considerations for DividingParenting Time
Every family is unique, and every divorce has different challenges. Therefore, there is no one-size-fits-all schedule for dividing time between divorced parents. However, there are some common considerations you should take into account when developing a parenting schedule. These include:
The child’s age: Young children may require more frequent transitions to maintain their sense of security and foster strong bonds with both parents. Older children and teenagers may need more flexibility based on their schooling, extracurricular activities, and social lives.
Distance between parents' homes: When parents live near each other, it is often easier to arrange a more balanced parenting schedule. However, when there is significant geographical distance, such as parents who live in different cities or states, you may need to develop creative solutions. For example, you may decide that it's best for the child to spend longer stretches with one parent during the school year and extended time with the other during school breaks.
Work schedules: Each parent's work schedule may play a significant role in determining parenting time. Consider your professional commitments and the time you have available to dedicate to parenting to help create a schedule that prioritizes quality time without overburdening either party.
Holiday and special occasion schedules: Holidays and special occasions are often coveted periods for both parents. Therefore, it's important to divide holidays and special occasions equitably.
Flexibility and communication: Sometimes, a parenting schedule may not be able to be followed exactly since life can be unpredictable. It's important for divorced parents to be flexible and to openly communicate with each other to address unforeseen circumstances, such as illness or emergencies, without resorting to conflict.
The division of parenting time largely depends on the specific circumstances and cooperation between divorced parents. However, it's important to remember that, under Nebraska law, all parenting time decisions should be made in the best interests of the child.
Reach Out to an Experienced Attorney Today
If you have children and are facing a divorce, splitting time between divorced parents can be difficult. However, by understanding Nebraska's laws and the key factors related to allocating parenting time, you can develop a reasonable and sustainable co-parenting plan that minimizes conflict and promotes positive relationships between the child and both parents.
Remember, any decisions you make for dividing parenting time must prioritize the best interests of the child under Nebraska law. At Anderson, Creager, and Wittstruck, P.C., L.L.O., we can help you develop a parenting plan that serves your child's best interests and accounts for the personal and professional circumstances of both parents.
Located in Lincoln, Nebraska, we serve clients throughout Lancaster County, Gage County, Saline County, Seward County, Otoe County, Cass County, and Saunders County. Reach out to us today to schedule a consultation.
