When a couple divorces and there is a minor child involved, the divorce decree will specify who has physical custody as well as legal custody of the child. Physical custody determines where and with whom the child will live. Legal custody specifies who has the legal right to make important decisions about the child related to issues such as education, religion, medical issues, and discipline. Spouses often reach an agreement regarding child custody on their own, but if they do not, Nebraska courts will intervene and establish custody arrangements based on the best interests of the child. For a full text of the divorce and child custody laws in Nebraska, go to Divorce-Laws.US.

There are typically several different custody arrangements that may be made for children of divorced parents. In most cases, courts will award physical custody to one parent with whom the child will live most of the time. The parent with physical custody, or the custodial parent, often shares legal custody, or the right to make decisions regarding the child, with the non-custodial parent. Many child custody arrangements involve joint custody in which the child spends a relatively equal amount of time with each parent.

According to findlaw.com, courts consider various factors when awarding child custody, most importantly the best interests of the child. This “best interest” standard varies state to state, but some of the most common standards applied by various states, such as Nebraska, include the following:

• The child's relationship with each parent prior to the filing for the dissolution of marriage
• The wishes of the child if he or she is mature enough to express his or her wishes
• The general health, welfare, and social behavior of the child
• Any credible evidence of child or spousal abuse

In the state of Nebraska, there is no presumption that either parent is more fit or suitable than the other, and there is no preference made according to the sex of the parent. Shared or joint custody may be awarded if both parents agree. If joint custody is awarded, each parent has equal rights to make decisions in the best interests of the child. When awarding custody, Nebraska courts have the objective of maintaining the ongoing involvement of both parents in the child's life.

According to lawyers.com, regardless of the court's custody determination, both parents continue to have access to the child's education and medical records, and either parent may make emergency decisions affecting the health or safety of the child while the child is in his or her physical custody. Grandparents also have the legal right to petition for visitation rights in Nebraska.

In Nebraska, after the custody order is signed by the judge and filed with the appropriate court, both parents must abide by it. Subsequently, if a modification to custody or visitation is sought, then a complaint to modify must be filed in order to start a modification proceeding. For a comprehensive summary of divorce and child custody law in the state of Nebraska, go to divorcesource.com.