Nebraska Custody, Parenting Time & Visitation
Current, source-linked Nebraska terminology and rules without imported out-of-state formulas.
Nebraska terminology
Custody
Legal custody (major decisions) and physical custody (where the child lives).
Parenting time
The schedule for time with the child (also called visitation).
Parenting plan
Required when custody is at issue; sets the time schedule and decision-making.
Best interests
The standard; the court considers joint legal and physical custody.
Core rules
- Nebraska uses 'custody' (legal + physical, sole/joint) + 'parenting time' / 'visitation'
- The court decides based on the child's best interests (Neb. Rev. Stat. 43-2923)
- A parenting plan is required when custody is at issue
- The court considers joint legal and physical custody but need not order equal time (Kamal)
- The court considers the child's wishes if the child is sufficiently mature and reasoning soundly
- Cases are heard in District Court
Support and modification cautions
Nebraska uses the Income Shares model under the Nebraska Child Support Guidelines (Neb. Ct. R. Ch 4 Art 2, Table 1). Legal custody may be modified on a material change of circumstances; a physical-custody change is decided by best interests.
- Neb. Rev. Stat. § 42-364 — custody & parenting time
- Neb. Rev. Stat. § 43-2923 — best interests
- Nebraska Judicial Branch — self-help
Always confirm current local forms, fees, and filing procedure with the clerk of the Nebraska District Court handling your case.