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Is shared custody a guaranteed outcome in a Nebraska divorce?

On Behalf of | Sep 29, 2021 | Child Custody & Visitation |

When you file for divorce, your relationship with your spouse isn’t the only one that will change. There will also be a massive disruption to the relationship that you have with your children.

You will have to work out some kind of parenting plan or shared custody arrangement with your ex. Some parents become aggressive during a divorce and try to push their ex out of the family entirely. They will use their children as a weapon to hurt or punish their ex.

Do you have to worry about completely losing access to your children in a Nebraska divorce?

The courts typically want to facilitate shared custody

Theoretically, a divorcing couple has the right to set whatever terms they agree to with one another in a custody settlement. A family law judge may approve a very uneven split of parenting time in an uncontested divorce filing.

However, the main priority of the courts when creating or evaluating a custody order during a divorce is the best interests of the children. Upholding those best interests will often involve trying to keep both parents highly involved with the children.

When a couple litigates their custody arrangements, they can expect that the judge will aim for the regular inclusion of both parents in the lives of the children. They may order a near-even split of parenting time, requiring both parents to cooperate to support the children.

When might the courts award one parent sole custody?

Although it is not as common anymore, it is still possible for one parent to request sole custody in a Nebraska divorce. A sole custody order might be the result of parents negotiating their own custody agreement.

However, a Nebraska judge may award one parent has sole custody if there is evidence of abuse, addiction or neglect. The parent seeking sole custody will need evidence or testimony supporting their claims that the unfettered access of the other parent would put the children in danger or cause them serious harm. He-said, she-said custody disputes will often still result in shared custody, even if one parent levels serious accusations against the other.

Understanding how the Nebraska courts handle custody matters can help you protect your relationship with the children during a divorce.