How to Modify Child Custody in Nebraska

Child custody decisions must be made when couples have minor children and are undergoing a divorce.

When making decisions about minor children during a divorce, Nebraska’s Bar Association stresses that parents and judges alike must consider the child’s best interests. Once a custody and visitation schedule have been set, courts try to avoid unnecessarily disrupting a child’s custodial environment. Child custody matters are not set in stone, however. If a parent can prove that a substantial change affecting custody occurred, and also that the change is in the child’s best interests, courts may modify the arrangements.

Instructions

1. Draft a “Motion to Modify Child Custody.” In this motion, include the divorce caption from your divorce papers (which lists the names of the parties, the judge, and the case number). In the body of the motion, explain how a “material change in circumstances” occurred such that custody should be modified. Material changes include a parent moving from one work shift to another or if the custodial parent wishes to move out of state.

2. Deliver a copy of the motion to the other parent. File a copy of the motion with the Nebraska family law court that has jurisdiction over the child. This is typically the court located where the child resides.

3. Attend the hearing scheduled by the court. At the hearing, if you are trying to have custody modified, you must prove that a material change occurred and you must argue that the modification would be in the child’s best interests.

References

• Nebar.com: Custody and Visitation
• CVHSLaw.com: Modification of Custody

Resources

• Divorcesupport.com: Nebraska Child Custody Factors