Parenting after separation requires more than goodwill—it requires structure. That structure comes in the form of a parenting plan, which the Nebraska Parenting Act makes mandatory in custody cases. Parenting plans in Nebraska help parents create stability, minimize conflict, and protect their child’s well-being.
What Is a Parenting Plan?
A parenting plan is a written agreement for the type of custody a divorced couple will follow, outlining how parents will share time, responsibilities, and decision-making for their children. It may be created through mediation, negotiation with attorneys, or ordered by a court. The goal is always to prioritize the child’s health, safety, and development.
Why a Parenting Plan Is Important
Parenting plans give children stability during a time of transition. They reduce conflict by setting clear expectations and ensure parents remain accountable. A well-drafted plan becomes the roadmap for co-parenting.
The Nebraska Parenting Act
The Nebraska Parenting Act requires all custody orders to include a parenting plan that addresses:
- Legal and physical custody arrangements
- Parenting time schedules (including holidays and breaks)
- Decision-making responsibilities
- Communication methods between parents
- Provisions for resolving future disputes
Parents must also complete parenting classes before a final order is entered.
What to Include in a Parenting Plan
Strong parenting plans address child safety, school and medical decisions, communication expectations, transportation, and financial responsibilities. They should also include provisions for holidays, vacations, and dispute resolution. Parents may use Nebraska’s official templates or work with attorneys to create parenting plans.
Frequently Asked Questions About Parenting Plans
Do you need a parenting plan in Nebraska?
Yes, all custody cases in Nebraska require a parenting plan.
If there isn’t a parenting plan, who has custody?
Without a parenting plan, the court will decide custody based on the best interest of the child (BIOC) until a plan is filed and approved.
Can you modify a parenting plan without going to court?
You can modify a parenting plan without going to court if both parents agree on the change by filing a written agreement that’s sent in for court approval. However, if you’re making significant changes to your parenting plan because of circumstances like a move, parent job change, abuse, or other changes that impact the child’s life or wellbeing, they must be approved by going to court.
How much does it cost to modify a parenting plan?
The cost to modify a parenting plan varies depending on whether the change is contested, but you can expect to at least pay court filing fees and costs for attorney time.
What happens if a parent doesn’t follow the parenting plan?
If a parent doesn’t follow the parenting plan, the court may enforce or modify the plan, and violations can impact custody arrangements.
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 families create thoughtful, enforceable parenting plans that serve as a foundation for successful co-parenting. Contact us today to start your parenting plan and other child custody services.
