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Tag: Parenting Plan

Parenting Plan

What is a Custody Evaluation?

If custody is a contested issue in your divorce, you may consider seeking a custody evaluation. A custody evaluation, performed by a child custody expert, is used by the court to determine what custodial arrangement is in the best interests of your child. A child custody expert is a neutral evaluator, usually a licensed psychologist, whose role is to determine the bests interests of the child and to make recommendations to the court regarding custody and parenting time. He or she will conduct a complete evaluation of the parties, conduct psychological testing, interview the parents and the child, and evaluate
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Will My Child Have a Say?

During your divorce, hard decisions regarding your children are made. For example, where will they live? How often will they see each parent?  The paramount concern in any decision regarding custody, parenting time, or other child-related issues is what is in the minor child’s best interests. But what happens when your child expresses a preference regarding who to live with? Nebraska, unlike some other states, does not allow a child to choose who to live with. Rather, the court may consider the well-reasoned preferences of a child, at any age. Nebraska law provides that your child’s preference regarding custody will
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Holiday Parenting Time

When crafting your parenting plan with your co-parent, you have to specify which parent will have your children for which holidays. Typically, the major holidays are alternated annually. However, if a parent has particular holidays that are especially important to him or her, accommodations can be made. You may hear your holiday parenting time schedule referred to as “Wilson v. Wilson” parenting time. This refers to the Nebraska Supreme Court case where major holidays were identified and time sharing explained. Wilson identified the following holidays as “major”: Easter, Memorial Day weekend, Fourth of July, Labor Day weekend, Thanksgiving, Christmas (may
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What is the “Right of First Refusal”?

When developing your parenting plan, you and your co-parent will craft a routine parenting time schedule, setting forth specific days and times when each parent will have parenting time. The parent exercising parenting time has the power to make every day parenting decisions during his or her time. Some parents assume that if the “on duty” parent is unable to watch the child(ren), he or she will automatically call the other parent before finding alternate child care. However, no law requires this. Instead, you and your co-parent have the option of including a provision known as the “right of first
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What Does “Best Interests of the Child” Mean?

Parents involved in custody actions are eager to know how a judge will decide custody of their children. The Nebraska Parenting Act provides that the paramount concern in any decision regard custody, parenting time, or other child-related issues is what is in the minor child’s best interests. This standard is simply known as the “best interests of the child” standard. It is a child-focused approach to making decisions that affect the well-being of the child. Nebraska law provides a non-exhaustive list of factors that a court may consider when determining what is in the best interests of the child. For
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I Want Custody of my Children – But What Does that Mean?

If your case involves minor children, a determination of the custodial arrangement that is in theirs best interests will be made. In Nebraska, there are two types of custody – legal and physical. Each serves a different purpose, and there can be variations on how legal and physical custody is awarded. Remember – the paramount concern in the court’s eyes is which arrangement will be in the best interests of your children, not what is in the best interests of the children’s parents. Legal custody refers to the power to make fundamental decisions regarding your children. Fundamental decisions can include
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Children’s Bill of Rights During Divorce

The biggest fear parents have during divorce is the impact it will have on their children.  Putting the needs and best interests of your children first during a divorce can look different for every family. Even during a time of great stress and turmoil, parents have a responsibility and opportunity to truly support their children.  One way is to remember your child’s rights. 1. Your child has a right to love both of their parents. 2. Your child has a right to not to have to choose between their parents. 3. Your child has a right to not to have
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Tips for Payment and Reimbursement of Childcare and Uninsured Medical Expenses for Children

The Nebraska Child Support Guidelines recognizes that both parents have an equal duty to provide financial support to their children in proportion to their respective net incomes.  There are three main types of financial support for children that will be addressed in a divorce. Child support Childcare expenses, which are due to the employment of either parent, or to allow the parent to obtain training or education needed to obtain a job or enhance earning potential Reasonable and necessary uninsured medical expenses Pursuant to the Nebraska Child Support Guidelines, payment for childcare expenses and uninsured medical expenses for children is
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What is a Parenting Plan in Nebraska?

The Nebraska Parenting Act requires all parents involved in a legal action regarding custody or parenting time to have a parenting plan.  A parenting plan is a document that details how you and the other parent will parent your child upon divorce or separation. To finalize a parenting plan, you have three options: You and the other parent may agree on the terms of the plan, with or without the help of legal counsel. You and the other parent may use a parenting plan mediator to reach agreement regarding the terms of the plan. If an agreement regarding all aspects
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5 Tips for Successful Parenting Plan Mediation in Nebraska

The Nebraska Parenting Act requires any parent involved in a court case regarding child custody, such as a divorce, legal separation, paternity action, or modification of custody action, to create a parenting plan for the court’s approval.  A parenting plan is an agreement or court order that sets forth both parents’ rights and responsibilities regarding their minor children, including custody and parenting time arrangements. If the parties are unable to develop a parenting plan on their own or with the help of their attorneys, the parties will be required to attend mediation.  Mediation is a process in which a neutral
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