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Omaha Child Custody & Child Support Attorney

Fighting for Your Parental Rights & Privileges

Child custody and visitation rights are issues are typically portrayed with intense emotion, frustration, and worry for parents going through a divorce or in paternity cases involving unmarried parents. However, if you and your child’s other parent can come to terms on this matter on your own, you can submit your agreement to the court for approval without contentious litigation.

If you cannot, the court will be forced to intervene to decide the matter based on its policy of what is in the child(ren)’s best interests after hearing evidence from both sides on the matter. These family matters often require the assistance of an experienced family law attorney to protect your rights throughout the legal process.

Involved in a child custody or support issue? Contact Scarff Law Firm for capable legal help in resolving such a critical issue. Your initial case evaluation is free.

At Scarff Law, LLC, we understand how deeply this issue can affect you, your child(ren), and the many years that may lie ahead. We want what we believe to be best for you and your child(ren) based on the facts and circumstances of your unique situation. Our firm is here to listen to your needs and objectives, to help protect your parental rights, and to provide the assistance you need to resolve this issue in as amicable a way as possible.

If a custody and visitation/parenting plan cannot be worked out between you and your spouse through thorough and positive negotiation, we have the trial skills necessary to advocate strongly for you in court.

What is Child Custody?

Child custody refers to the right of a parent to have control over major decisions regarding a child’s life, such as health care, education, religious upbringing, and other important issues. It also refers to where and with whom the child will live.

Family courts in Nebraska presume that it is in a child’s best interests to have an ongoing and meaningful relationship with both parents. This would lead to joint legal and physical custody unless some factor such as a history of domestic violence or substance abuse would advise against it. When parents cannot agree on this matter, the court may grant sole legal and/or physical custody to one parent only.

Types of Child Custody

Family courts in Nebraska presume that it is in a child’s best interests to have an ongoing and meaningful relationship with both parents. This would lead to joint legal and physical custody unless some factor such as a history of domestic violence or substance abuse would advise against it. When parents cannot agree on this matter, the court may grant sole legal and/or physical custody to one parent only.

  • Legal Child Custody - when a parent(s) have legal custody of the child, they have control over major decisions regarding a child’s life, such as health care, education, religious upbringing, and other important issues.
  • Physical Custody - when a parent(s) have physical custody of the child, this means they have the right to live with that child.

What is The Nebraska Parenting Act?

The Nebraska Parenting Act requires that all parents involved in a custody matter create a parenting plan, which inclues the details and arrangements necessary to this vital issue, such as:

  • How legal and physical custody will be divided or arranged

  • How overnights, holidays, vacations, summer breaks, etc. will be scheduled

  • How transportation will be arranged for children to move back and forth between parents

  • How parents will communicate with one another regarding parenting issues

  • Safety protocols for unforeseen incidents

  • Any other provisions required to facilitate parental/child issues

To facilitate creating such a plan, most parents are required to attend a parenting education class. If you and your spouse cannot agree on such a plan, the court will generally order mediation. In mediation, you will discuss the issues and attempt to work towards a mutually-agreeable plan. If unable to do so, the court will decide a plan for you.

How Does the Court Determine Child Custody?

In the scenario when the parents cant come to an agreement on a parenting plan, the court will decide for them. The court always wants what's best for the child and will consider the following factors when awarding custody:

  • The child's relationship with each parent
  • The child's desires and wishes
  • The child's general health, welfare, and social behavior
  • Any history of drug, alcohol or physical abuse

What are Custody Options for Unmarried Parents?

Most of the time, child custody and support cases are focusing on married parents who are getting divorced. But what happens if they were never married to begin? In the state of Nebraska, you are considered parents regardless of your marital status and both parents have a right to seek child custody, parenting time and child support.

What is Child Support?

Under Nebraska law, all parents are expected to financially support their children whether they are married to the child’s other parent or not. Generally, the custodial parent or the parent with whom the child mainly lives receives child support payments from the noncustodial parent. The noncustodial parent must pay monthly support until the child reaches the age of 19.

How is Child Support Calculated?

The state provides guidelines for the calculation of child support based on factors such as the net monthly income of the supporting parent, number of children being supported, children being supported from previous relationships, daycare costs, and more.

However, support payments can be adjusted up or down by the court based on the individual circumstances of the case. Even in situations where the supporting parent has little income, he or she is required to provide a minimum of $50 or 10 percent of his or her net income towards this obligation.

If you need help obtaining, contesting, enforcing, or modifying child support, our Omaha child support lawyer can provide the assistance you need to resolve this issue as efficiently as possible.

Contact our Omaha child custody and support lawyer at (402) 267-9774 for effective and caring legal representation today.

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