Filing for custody in Nebraska is not simply a legal process—it is a moment that shapes your child’s future. Custody determines where your child lives, who makes decisions for them, and how parents share responsibilities. Nebraska law emphasizes the best interests of the child (BIOC), but the journey to a custody order can be emotionally charged and complex.
Sole Custody vs. Joint Custody
Sole custody means one parent has primary authority over the child—whether that’s decision-making (legal custody) or where the child lives (physical custody). Joint custody reflects shared responsibility. Parents may have joint legal custody, joint physical custody, or they can be combined to form different types of custody. While parents often ask about full custody, the accurate legal term in Nebraska is “sole custody.”
Though Nebraska is often called a 50/50 custody state, this does not mean equal time is guaranteed. Instead, courts aim to craft custody orders that promote meaningful relationships with both parents while centering the child’s best interests.
Mothers’ & Fathers’ Rights in Nebraska
In Nebraska, mothers and fathers have equal standing before the law, and joint custody is the default. Married parents share equal rights, while unmarried parents may need to establish paternity before custody and visitation rights are enforced. Once paternity is established, fathers’ rights and responsibilities are the same as mothers’ rights and responsibilities, including child support obligations.
What Do I Need to File for Custody in Nebraska?
To file for custody, you will generally need:
- A completed custody petition
- Evidence supporting your request (such as records of parenting involvement, communication, or concerns for child safety)
- A proposed parenting plan
- Legal representation to ensure your rights are fully protected
How to File for Custody in Nebraska
The process typically includes:
- Filing a petition
- Serving the other parent
- Submitting a parenting plan
- Attending mediation or hearings as required
Custody cannot be fully granted without court approval, though informal agreements may help guide parenting time before orders are finalized. Filing can be initiated online, but hearings must occur in court.
How to File for Temporary Custody in Nebraska
Temporary custody may be necessary during a divorce or separation while the case is pending. In urgent cases, parents may file for emergency custody through an ex parte order, which grants temporary authority without prior notice to the other parent if the child’s immediate safety is at risk.
Frequently Asked Questions About Filing for Custody
How do you get custody of a child?
You can get custody of your child by filing a petition and demonstrating that your plan serves the child’s best interests.
How can I give my mom custody of my child?
You can give your parent custody of your child through a guardianship or custody action approved by the court.
How can a father file for full custody?
A father can file for full or sole custody by establishing paternity (if needed) and filing a petition requesting sole custody.
Who is most likely to win a custody battle?
Either parent can win in a custody battle. Nebraska courts do not favor one parent over another by gender—decisions rest entirely on the child’s best interests.
This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts.
At Hightower Reff Law, our divorce and family law experts help parents navigate the custody process with clarity and compassion, ensuring their child’s needs remain at the center of every decision. Reach out to our team today for assistance with child custody.
