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Legal Information: Nebraska

Custody

Updated: 
December 18, 2023

What factors will a judge consider when deciding custody?

When deciding a case about custody and parenting time, the judge will consider what is in the best interests of your child, including:

  1. the relationship that your child has with both you and the other parent;
  2. your child’s preferences, if s/he is mature enough that his/her wishes are reasonably based;
  3. your child’s general health, welfare, and social behavior;
  4. any credible evidence of abuse of any family or household member; and
  5. any credible evidence of child abuse/neglect or domestic violence by either parent.1

If you can prove to the judge that the other parent committed domestic violence against you, the judge is required to ensure that any parenting plan provides for your safety.2  See Can a parent who has committed violence or is a registered sex offender get custody? for more information.

1 NE R.S. § 43-2923(6)
2 NE R.S. § 43-2923(2)