Nebraska courts that handle cases involving minor children will do everything possible to reduce the negative emotional impact on the children. Parents are given the first opportunity to reach an agreement regarding the issues that involve the children. If the parents fail to reach an agreement, then the court will determine the custody issues and enter a custody order without consulting the parents. The court will consider the best interests of the minor children, which includes, among other things, (1) The relationship of the minor child to each parent; (2) The minor child’s wishes, provided that the child’s wishes are the result of rational thinking; (3) The general health, welfare, and social behavior of the minor child; and (4) Any well-supported proof of abuse perpetrated on any member of the family or household.
Custody litigation consumes time, money and emotional resources. It is most important that you have an experienced, caring attorney to counsel you throughout the entire process and to keep the best interests and welfare of your children as the primary goal. The Law Office of David Riley is committed to protecting your children and you!
Nebraska Parenting Act
The Nebraska Parenting Act applies to all parents who are parties in a court case that involves their minor children, such as divorce, modification of a previously entered divorce decree, legal separation, paternity or any action involving visitation. The Act requires the parents to (1) attend a parenting education class; (2) write a parenting plan, that is submitted to the court for its approval, or; (3) if the parents or their attorneys are not able to agree to a parenting plan to be submitted to the court for approval, then the parties must participate in mediation to produce a parenting plan.
The Nebraska Parenting Act
Both parents are required to complete a basic parenting education class, approved by the court, unless the court excuses their participation for good cause.
A certificate of completion must be filed with the court by each parent after completion of the parenting class.
Parents can obtain a list of court-approved parenting classes in your area, or approved online programs, from the district court clerk. Information is also available at the Nebraska Supreme Court Website.
If the parents are unable to agree on a court-approved parenting plan on their own, or with the help of their attorneys, then they must participate in mediation to attempt, in good faith, to mediate a parenting plan. This mediation is mandatory in all cases in which the Nebraska Parenting Act applies.
Mediation is a process, involving both parents and a trained, neutral mediator, by which the mediator works with the parents informally to help you create a parenting plan.
The mediation process may help parents to reduce the tension between them so that they can better focus on parenting in the best interests of the minor children.
If domestic violence is involved in the parental relationship, specialized mediation is available.
Contact David Riley
The Law Office of David Riley is available to answer client questions and provide advice about other important legal concerns. To schedule an initial consultation with David please call (402) 991-5486. You may also e-mail now to request an appointment.
A Note on Legal Representation
This article is not a substitute for legal advice from your attorney. It is merely a brief overview of the divorce process.