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Tag: Parenting Plan

Parenting Plan

Do’s and Don’ts for Divorcing Parents

DO’s DO tell your children they are still loved and that they are not getting divorced from their parents. Remind your children that they still have the right to love each of their parents. They don’t need to choose sides. DO encourage your children to communicate with you about how they are feeling. Your children may feel angry, sad, or confused, and they have the right to have these feelings. Keep an open line of communication so they know they have a safe space to express their feelings. DO maintain as many family traditions as possible. Although your family is
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Divorce and Relocating Out of State with your Children

Although it’s said that “marriage is a journey and not a destination,” in a divorce, your geographical location will impact many aspects of the divorce process, including the physical location where your children remain once the divorce is over.   One of the more challenging issues in a divorce is what happens when one parent wants to leave Nebraska with the children after the divorce is final.  Picture a spouse who has moved multiple times during the marriage to support the other spouse’s career.  In the beginning, both spouses agreed that while their children were little, they would make Nebraska
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Out-of-State Travel

Can my co-parent book airline tickets and travel out-of-state with our child? Does he/she need my consent first? Is our child allowed to leave Nebraska with either parent? The country? These questions are common for parents transitioning into their new normal of co-parenting. With the holidays right around the corner, you may be wondering what rights you have to take your child out of state. Or, perhaps your co-parent has already booked plane tickets, but you disagree with your small child flying on an airplane. Can anything be done? Parents have the right to spend holiday or vacation time with
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What Must Be Included In My Parenting Plan?

The Nebraska Parenting Act requires that a parenting plan is created for legal issues involving the custody of a child. While parents may choose to include a number of different agreements in their plan, there are some provisions that are required to be included. Below are 10 items which must be included in a parenting plan: Legal and Physical Custody. Your plan must state who has legal custody (the authority to make fundamental decisions on behalf of the child) and who has physical custody. Examples of some arrangements include the parents have joint legal custody while dad has physical custody,
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5 Common Questions About Remarriage After Divorce

If you get divorced in Nebraska, you must wait six months after your divorce is final before you can re-marry. If you are contemplating getting married after divorce, you may have some questions about what will happen. Below are answers to common questions about remarriage after divorce: Does remarriage affect child support? No. When calculating child support, only your income and your former spouse’s income is considered. Your new spouse’s income is not factored into the equation. In other words, you will not have to recalculate support based on your new spouse’s income. If I have children with my new
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How is Child Support Affected by Parenting Time?

In Nebraska, the amount of parenting time with your children directly affects the amount of child support you will receive or owe to your former spouse. Generally speaking, the more parenting time, the more child support you will receive. Here are answers to three frequently asked questions regarding how parenting time affects child support: How Is Parenting Time Calculated? For the purpose of calculating child support, parenting time is defined by the total number of “overnights” that a parent has with the children during a year. For example, if you and your former spouse share an equal amount of parenting
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Questions to Remember During Mediation

Nebraska law requires parents to develop a parenting plan before a divorce can become final. Parenting plans discuss in detail what the co-parenting relationship will look like between former spouses. Some parenting plans are developed during the mediation process. While all parenting-plan mediations will address major parenting issues—such as routine parenting time, holiday parenting time, and legal decision making—it is important not to forget these important topics: What should vacation parenting time look like and much advanced notice should be given? How much telephonic or electronic communication access should our child have with the parent who is not exercising parenting
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5 Considerations When Modifying a Parenting Plan

For divorced parents operating under the provisions of a parenting plan, a need may arise to ask a court to revisit the plan because certain provisions are either antiquated or not working. For example: Parenting time provisions no longer apply because our children are no longer in daycare. The right of first refusal has become a source of conflict between parents. One parent is not exercising his or her parenting time. If you are contemplating a modification of your parenting plan, here are five considerations to keep in mind: The Unexpected Must Have Occurred To modify a parenting plan, Nebraska
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What to Expect from the Mediation Process During Divorce

When you and your spouse are unable to reach settlement during divorce, one of the first resources available to work past impasse is mediation. In divorces with children, Nebraska law requires mediation, but mediation is often utilized even when children are not at issue. What is mediation? Mediation is a way for you and your spouse to talk with the help of a neutral third-party. The role of the neutral third-party, the mediator, is not to take sides, but rather to help you communicate your goals and concerns, while also encouraging you to brainstorm resolutions. While the process of mediation
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Should You Ask for a Guardian Ad Litem?

If custody and/or parenting time issues are contested, it may be helpful for a neutral, third party to step in to help assess what’s in the best interests of your child. A guardian ad litem (GAL) is someone who is appointed by the court for this purpose. GALs are usually lawyers with special training. You may ask your judge to appoint a GAL at any point if you believe that the assistance of a neutral person, whose sole purpose is to assess your child’s best interests, would be beneficial. Talk with your family law attorney about requesting a GAL if
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