Nebraska Child Custody Factors

In Nebraska, the court will consider the following factors to determine what is in the best interest of the children:

(1) The relationship of the minor child to each parent prior to the commencement of the action or any subsequent hearing;

(2) The desires and wishes of the minor child if of an age of comprehension regardless of chronological age, when such desires and wishes are based on sound reasoning;

(3) The general health, welfare, and social behavior of the minor child; and

(4) Credible evidence of abuse inflicted on any family or household member. The court will not make a decision based on gender, so each parent is given an equal opportunity in all custody decisions.(Nebraska Statutes - Chapter 42 - Sections: 364)

In Nebraska, as with all other states, the court will always be looking out for the best interests of the children. What you want or your spouse wants is not really relevant until the court says it is. Many parents go to custody hearings not realizing that they must portray themselves as the best custodial parent rather pleading to the court that they simply deserve the children. The court would much prefer the parents to decide who should have custody, but if they canít, the court will do it for them. You can also read more about Nebraska child custody in the Nebraska state statutes located at: