Custody is not one-size-fits-all. Nebraska law recognizes different types of custody to reflect the diverse realities of families. Understanding these types of custody in Nebraska can help parents advocate effectively for their children and make informed decisions while filing for custody.
Legal Custody
Legal custody refers to the right to make major decisions about a child’s life—such as education, healthcare, and religious upbringing. Parents may share joint legal custody, or one parent may hold sole legal custody.
Physical Custody
Physical custody determines where the child lives. You can have joint physical custody, with time split between parents, or sole physical custody, where one parent provides the primary residence.all
Sole Custody
Sole custody means one parent has both primary physical and legal authority. This is often what people refer to as “full custody.” Courts reserve sole custody for situations where joint decision-making or shared residence would not serve the child’s best interests.
Joint Custody
Joint custody can be joint legal custody, joint physical custody, or both. This arrangement requires cooperation and communication between parents, as it allows both to remain actively involved in raising the child.
Split Custody
Split custody is the least common arrangement, where siblings are divided between parents. Because courts prioritize keeping siblings together, this outcome is rare in Nebraska and only granted when circumstances demand it.
Frequently Asked Questions About Custody Types
Can you have joint legal custody with primary physical custody?
Yes, you can have joint legal custody with primary physical custody if one parent is the primary residence while both share decision-making authority.
What type of custody is best for a child?
There isn’t one type of custody that’s best for a child and Nebraska courts avoid blanket answers. The best arrangement depends on the child’s needs and circumstances.
Is primary custody the same as full custody?
No, primary custody is not the same as full custody. Primary custody usually refers to where the child lives most of the time, while “full custody” often means sole legal and physical custody.
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.
Our divorce and family law team at Hightower Reff Law helps parents understand distinctions between custody types and build cases that honor both their rights and their children’s needs. Contact us today for help with your child custody case.
