Child custody cases can be complicated and emotional, especially when it involves grandparents seeking custody or visitation rights. In Nebraska, state laws outline the conditions under which grandparents can file for custody or visitation rights, and the legal procedures that must be followed.

This article will cover Nebraska’s child custody laws, the rights of grandparents, and the process for obtaining custody or visitation rights in the state.

Types of Child Custody in Nebraska

In Nebraska, there are two primary types of child custody: legal custody and physical custody. Legal custody refers to the right to make decisions about the child’s life, such as education, healthcare, and religion. Physical custody, on the other hand, refers to where the child lives and the amount of time they spend with each parent.

Factors Considered in Child Custody Cases

When determining child custody in Nebraska, courts consider a number of factors to determine what is in the best interest of the child. Some of the factors that are considered include:

• The child’s wishes (if they are old enough to express them)
• The mental and physical health of each parent
• The relationship between the child and each parent
• The child’s adjustment to their current home, school, and community
• The ability of each parent to provide a stable home environment
• Any history of abuse or neglect by a parent

Grandparents’ Rights in Nebraska

Nebraska law recognizes the important role that grandparents can play in a child’s life, and provides some rights for grandparents to be involved in their grandchildren’s lives. However, these rights are not automatically granted – grandparents must prove that they have a significant relationship with the child, and that it would be in the child’s best interest to have visitation or custody rights granted.

Visitation Rights for Grandparents

If the child’s parent is deceased, divorced, or separated from their spouse, Nebraska law grants grandparents the right to seek visitation with their grandchild. Grandparents may also petition for visitation rights if the child’s parents are married, but have been separated for an extended period of time.

To be granted visitation rights, grandparents must show that:

• They have a significant relationship with their grandchild
• The child would benefit from having their grandparent in their life
• Denying visitation would harm the child

Custody Rights for Grandparents

In Nebraska, grandparents may petition for custody of their grandchild if both parents are deemed unfit, deceased, or have abandoned the child. In these cases, the court will consider the same factors as in any other custody case, including the best interests of the child.

If the child has been living with the grandparents for an extended period of time, the grandparents may also petition for custody based on the fact that they have been the child’s primary caregiver and have established a significant relationship with the child.

Process for Obtaining Visitiation or Custody Rights

To petition for visitation or custody rights, grandparents must file a motion with the court that has jurisdiction over the case. If the child’s parents are still married and living in Nebraska, the motion must be filed in the county where the child resides. If the child’s parents are divorced, the motion must be filed in the county where the divorce was granted.

The court will then schedule a hearing to determine whether visitation or custody rights should be granted. At the hearing, grandparents will need to present evidence that they have a significant relationship with the child and that granting visitation or custody rights would be in the best interest of the child.

Conclusion

In summary, Nebraska law provides some rights for grandparents who wish to seek visitation or custody of their grandchild. However, these rights are not guaranteed and grandparents must be able to prove that they have a significant relationship with the child and that granting them rights would be in the child’s best interest. For any grandparents seeking custody or visitation rights, it is important to work with an experienced family law attorney who can guide you through the legal process.