| The Nebraska Revised Statutes, Chapter 42 Section | | | | and father can be awarded joint legal custody, joint |
| 364, have the custody laws for the state. Within these | | | | physical custody, or both. This doesn't mean that the |
| guidelines, parents who are separating or divorced can | | | | child spends equal time with both parents. Rather, the |
| find the necessary information to help them prepare a | | | | state defines it as both parents playing an active role in |
| parenting plan or custody agreement for their situation. | | | | raising the child. Parents should work out specific |
| A mother and father need to ensure that their plan is in | | | | details of how they will share responsibility and child |
| the best interest of the child and that the court will | | | | rearing roles in their parenting plan. |
| accept it. Here are some of the rules from the | | | | 3. Factors the court considers when determining the |
| Statutes that parents can use when making their | | | | custody agreement. To ensure that the custody |
| custody agreement. | | | | agreement is in the best interest of the child, the judge |
| 1. No preference for either parent. Section 364 Part 2 | | | | considers several factors when making it. These |
| the law explicitly states that neither parent has | | | | factors, found in Section 364, include: |
| preference for custody based on their gender. This is | | | | - The relationship of the minor child to each parent prior |
| important for parents to think about as they make their | | | | to the commencement of the action or any |
| parenting plan. The mother and father should think | | | | subsequent hearing. |
| about the custody arrangements that are best for the | | | | - The desires and wishes of the minor child if of an |
| child and they should work toward making those | | | | age of comprehension regardless of chronological age, |
| happen. Neither parent has more right than the other to | | | | when such desires and wishes are based on sound |
| have custody. And, really, the question of custody isn't | | | | reasoning. |
| about the right of either parent--it is about the right of | | | | - The general health, welfare, and social behavior of |
| the child to have a situation that benefits the child's | | | | the minor child. |
| welfare. | | | | - Credible evidence of abuse inflicted on any family or |
| 2. Joint custody as an option. Part 3 of Section 364 | | | | household member. |
| explains Nebraska's stance on joint custody. A mother | | | | |