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EspañolWhat 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:
- the relationship that your child has with both you and the other parent;
- your child’s preferences, if s/he is mature enough that his/her wishes are reasonably based;
- your child’s general health, welfare, and social behavior;
- any credible evidence of abuse of any family or household member; and
- 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)
Do I need a lawyer?
A person can file for custody without a lawyer but it is usually best to have the help of a lawyer. The information we provide here should get you started and help you with basic questions you might have. However, custody issues are complicated and frequently need the help of a lawyer. For a list of legal resources, please see our NE Finding a Lawyer page.
If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.
