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Custody of Children When a Divorce is Pending

Custody of Children When a Divorce is Pending

Couple arguing in front of small boy.

Nebraska family courts follow guidelines that keep the best interests of the child at the center of legal decisions, and the courts typically believe that children do best when both parents are involved in their lives. Custody does not usually become an issue until one spouse moves out or seeks an order for parenting time prior to moving out. 

Following a separation, the court can grant temporary custody and parenting time orders that will be in place until a divorce is final. If one parent is being unreasonable and denying the other parent sufficient time with their children, a judge will issue a court order mandating parenting time for the other parent.

If there is domestic violence or abuse involved, it is important for you and your children to find a place where you can be safe.  You should also file a police report and work with a family law attorney to file for a temporary order that gives you custody and protection.  If you continue to leave your children in the care of an abusive spouse, the court could take it as an indication that you do not believe your spouse is dangerous.

Parents who are seriously considering divorce are advised to create a shared temporary custody agreement in writing and signed by all parties.  This can be done by the parents alone, with the help of a mediator, or through each parent’s attorneys.  The agreement should include the same provisions as a permanent custody agreement — determination of legal custody (sole or joint), a physical custody schedule, a parenting time schedule, and detailed parental responsibilities.

Your legal team at Koenig|Dunne understands the nuances and complexities of co-parenting, and we are here to help guide you through the process.