CasewellThe law in plain words
Under Neb. Rev. Stat. § 42-364, "custody shall be determined on the basis of the best interests of the child, as defined in the Parenting Act."
Wondering who usually ends up with custody? Our page on the chances of getting full custody in Nebraska explains what the figures can and cannot show.
Legal custody and physical custody
Nebraska splits custody into two parts.
- Legal custody: the power to make the big decisions, such as school and health care.
- Joint legal custody: parents make those decisions together. Neither has the final say, unless the plan gives it.
- Sole legal custody: one parent has the final say.
- Physical custody: where the child lives, and who has long stretches of parenting time.
- Joint physical custody: both parents have continuous blocks of time for significant periods.
People often say "full custody," but it is not a legal term in Nebraska. Both parents keep equal access to school and medical records, unless a court says otherwise.
Is Nebraska a 50/50 state?
No. Nebraska has no presumption of equal time or joint custody.
- Joint custody by agreement: both parents agree in the plan, and the court finds it serves the child.
- Joint custody without agreement: the court can order it after a hearing in open court. The Supreme Court confirmed this in Blank v. Blank (2019).
- Equal time: a court can order it when it serves the child, but nothing requires it.
Sole custody is one possible outcome too. The court decides on the child's best interests and the evidence.
In 2026, the Legislature added a new factor about the benefits of equal access to both parents. It is one factor among many, not a 50/50 rule.
The best-interest factors
Under § 43-2923, the court must consider:
- a plan that keeps the child safe, healthy and stable, and in school
- the safety of a victim parent, if domestic abuse is shown
- continuing quality contact with family members who act in the child's interests
- whether parents can keep talking and make decisions together
- the child's relationship with each parent before the case began
- the child's wishes, at any age, if based on sound reasoning
- the child's general health, welfare and social behavior
- credible evidence about children's growth with equal access to both parents
- credible evidence of abuse of any family or household member
- credible evidence of child abuse, neglect or a pattern of abuse of a partner
The list is a minimum, and judges can weigh other facts too. No single factor decides the case.
Your child's preference
Nebraska sets no age at which a child decides. The judge weighs a child's wishes, at any age, if the child understands the situation and has sound reasons.
- Maturity, not age: the court looks at whether the child understands enough to give a reliable preference.
- Still one factor: even a 14-year-old's reasoned preference is one consideration among many.
- Mediation: a Parenting Act mediator may interview the child if needed.
A change in an older child's wishes can help show the change needed to modify custody.
Mothers' and fathers' rights
Neither parent starts ahead. Under § 42-364, the court cannot prefer a parent because of sex or disability.
No parent is presumed more fit than the other. The only exception covers sex offenders, people living with a registered sex offender, and children conceived through sexual assault.
A father's chances depend on the same evidence as anyone's: his relationship with the child, his home and the child's needs.
If you were never married
No Nebraska statute we found says who has custody when unmarried parents have no court order. To get enforceable rights, either parent can file for paternity, custody and a parenting plan.
- Acknowledgment of paternity: hospitals offer a notarized form at birth. Signing it creates a presumption that the man is the father.
- Changing your mind: either signer can cancel within 60 days, or before a court or agency case about the child, if sooner.
- After that: it is a legal finding of paternity. It can be undone for fraud, threats or pressure, or a serious mistake about the facts.
- 2026 change: since April 15, 2026, a man seeking to be named the father can challenge it with accredited genetic tests.
A mother or alleged father must usually file a paternity case within four years of the birth. There are exceptions, including for a father who signed an acknowledgment. The Parenting Act applies to these cases too.
Domestic violence
When the court writes the parenting plan, it must decide whether a parent committed child abuse, neglect, abandonment or abuse of a partner. Persistently blocking the other parent's time also counts, unless it was done to keep someone safe.
- Required limits: if the court finds such conduct, it must set limits to protect the child and parent. It can set safety conditions, such as supervised time or no overnights, instead of choosing all contact or none.
- Custody: that parent cannot get legal or physical custody unless the court makes special written findings that everyone will be safe.
- The burden: the parent who abused must show that custody or time with them will not endanger anyone.
- Exchanges: if a protection order exists, the custody order must set the time, place and manner of exchanges.
A criminal conviction alone may not be enough. In Mann v. Mann (2024), a stalking conviction by itself did not establish abuse under the Parenting Act.
Protection orders
Protection orders now sit in the Protection Orders Act, sections 26-101 to 26-125. Filing is free.
- Who can file: includes parents who have a child together, married or not.
- Emergency order: a judge may grant one without the other parent there, when the legal requirements are met.
- Hearing: if a hearing is requested, the law sets one, generally within 30 days. Otherwise the order stays in place.
- Custody: the order can give you temporary custody for up to 90 days.
- How long: since September 3, 2025, a first order lasts one to two years. It can be renewed for a year.
The court's self-help page may still say orders last one year. The statute controls.
Emergency and temporary orders
- During a divorce: a judge can issue a temporary custody order without notice. It lasts no more than 10 days, or until a hearing.
- Fast hearing: if the court orders a parent not to disturb the children, a hearing must be set within 72 hours on request.
- Temporary hearing: each parent must bring a sworn child information affidavit, covering who has cared for the child.
- Temporary parenting order: after that hearing, the court sets temporary custody, a schedule and safety terms.
- Abuse: a protection order can include temporary custody for up to 90 days.
Nebraska courts can also act in an emergency to protect a child who is in the state.
Moving with your child
Moving a child out of Nebraska under a custody order starts with a complaint to modify. Courts use a two-step test from Farnsworth v. Farnsworth (1999):
- A legitimate reason: the moving parent must show a legitimate reason for leaving the state, such as a new job or a new spouse's career.
- Best interests: the parent must show the move serves the child.
The judge weighs each parent's motives, the move's effect on the child's quality of life and contact with the other parent.
Under joint legal and physical custody, a legitimate reason plus a plan to move can justify a fresh look at custody. A move within Nebraska can also affect an existing custody or joint legal custody order. Check the wording of your order before moving. Every plan requires parents to share changes of address.
Moving to a neighboring state? Its custody rules may differ. Read our guides for Colorado, Iowa, Kansas and Missouri.
Changing custody
Changing custody or parenting time starts with a complaint to modify. The case goes to mediation unless the court waives it.
The parent asking must show two things, the Supreme Court said in Mann v. Mann (2024):
- a material change since the last order that affects the child, and
- that the change serves the child's best interests
A material change is one that would have led the court to decide differently. If a parent blocks court-ordered time, the court can enforce the order with contempt, a bond or legal fees.
Parenting plans, classes and mediation
The court normally orders a parenting class and may order mediation. Exceptions apply, especially where there are safety concerns.
- Parenting plan: every custody case needs one, approved by the court. If parents do not submit one, the court writes it.
- Parenting class: the court must order all parties to take a basic class, unless it is waived for good cause. Each parent pays for their own.
- Refusing the class: it cannot delay the final judgment by more than six months, and never leads to jail.
- Mediation: required if no plan is filed on time. Skipping it needs a hearing, strong and clear evidence of good cause, and a genuine agreement between parents or undue hardship.
- Abuse screening: mediators screen each parent separately. If abuse is present, a specialized process with extra safeguards is used.
Court-ordered mediation is charged on a sliding scale. In Douglas County, the Conciliation Court may need to approve the plan.
How to file for custody in Nebraska
Nebraska must usually be the child's home state, meaning the child lived there for the six months before filing.
- Choose the case type. Married parents ask for custody in a divorce. Unmarried parents file a Complaint for Paternity, Custody, Parenting Time, and Child Support.
- File with the district court clerk. You can ask for a county judge to hear the case.
- Serve the other parent, or file their signed Voluntary Appearance, within six months. Otherwise the case is automatically dismissed.
- Take the parenting class and file a parenting plan.
The other parent has 30 days to respond. For a divorce, one spouse must usually have lived in Nebraska for a year. The Nebraska Judicial Branch self-help center has the forms.
How much does it cost to file for custody in Nebraska?
Fees come from the Judicial Branch fee schedule, effective July 1, 2026.
| Filing | Fee |
|---|---|
| Paternity or custody complaint | $209 |
| Divorce | $200 |
| Complaint to modify custody | $65 listed |
| Protection order | Free |
These are the listed fees, last checked October 24, 2026. Confirm them before filing, and ask the clerk whether other fees apply to a modification. If you cannot afford the fees, ask to proceed in forma pauperis. The request must be granted unless someone objects.
What changed recently
- 2026: a new factor asks judges to weigh evidence about children's growth with equal access to both parents. It was signed on April 16, 2026.
- July 1, 2026: filing fees rose to $209 for custody and $200 for divorce.
- April 15, 2026: a man seeking to be named the father can challenge an acknowledgment with genetic tests.
- 2026: third and later violations of domestic abuse or sexual assault protection orders now carry heavier felony penalties.
- September 3, 2025: protection orders moved to a new act, and first orders can last up to two years.
Last checked October 24, 2026. Laws can change, so check before you rely on this.
Building the record
Nebraska judges weigh each parent's relationship with the child before the case began, and the child's safety and stability. Those questions are answered with dates, not adjectives.
Note each exchange, school task and doctor visit as it happens. Casewell keeps those notes and the messages behind them together, so a lawyer can read a clear timeline.
Before you record a call or a handover, check whether you can record your co-parent in Nebraska.
A clearer way to prepare
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A Nebraska custody record
Nebraska judges weigh each parent's relationship, safety and stability. Keep these items current so your facts are ready.
Court timeline
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Or keep a dated record as things happen in the Casewell app.
Is Nebraska a 50/50 custody state?
No. Nebraska has no presumption of equal time or joint custody. Equal time can be ordered when it serves the child, but nothing requires it.
What rights do fathers have in Nebraska?
The same as mothers. The court cannot prefer a parent because of sex, and no parent is presumed more fit.
Who has custody of a child if there is no court order in Nebraska?
No Nebraska statute we found settles this for unmarried parents. Either parent can file for paternity and custody to get enforceable rights.
At what age can a child choose which parent to live with in Nebraska?
Nebraska has no fixed age. The judge considers whether the child understands enough to give a reliable preference, and makes the final decision.
How much does it cost to file for custody in Nebraska?
The listed fees are $209 for a paternity or custody complaint and $200 for a divorce. Confirm them with the clerk. A fee waiver is available.
Can I move out of Nebraska with my child?
If there is a custody order, you generally need the court's approval to move out of state. You must show a legitimate reason and that the move serves the child.
Sources
This page summarizes Nebraska's Parenting Act, Protection Orders Act and other statutes, 2026 session laws and appellate decisions, as of October 2026. It explains the law in general terms and is not legal advice.
- Neb. Rev. Stat. § 42-364 — custody determinations checked
- Neb. Rev. Stat. § 43-2923 — best-interest factors checked
- Neb. Rev. Stat. § 43-2932 — limits where abuse is found checked
- Neb. Rev. Stat. § 43-1409 — acknowledgment of paternity checked
- Neb. Rev. Stat. § 26-110 — length of protection orders checked
- State on behalf of Ryley G. v. Ryan G., 306 Neb. 63 (2020) checked
- Nebraska Judicial Branch — establishing paternity and custody checked
- Nebraska Judicial Branch — filing fees and court costs checked