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In Nebraska, child custody and visitation laws are governed by the Nebraska Parenting Act. As of 2026, the state remains strictly "gender-neutral," meaning there is no legal presumption that a mother is better suited for custody than a father. Instead, all decisions are based on the "Best Interests of the Child."
Nebraska distinguishes between two types of custody, which can be awarded solely to one parent or jointly.
Legal Custody
The authority to make major life decisions (education, healthcare, religion).
Physical Custody
Where the child lives and who manages their day-to-day care.
To determine the arrangement, judges evaluate:
The child’s relationship with each parent prior to the case.
The child's health, welfare, and social behavior.
The child’s preference (if they are of sufficient age and "sound mind").
Any history of domestic abuse or credible evidence of child abuse.
In Nebraska, visitation is referred to as Parenting Time. If one parent is granted primary physical custody, the other is typically granted a specific schedule.
While schedules are customized to each family, Nebraska courts often look to Supreme Court guidelines for minimum time, especially for younger children:
Birth to 18 Months: Frequent, short visits (often 5 times per week) to maintain bonding.
18 Months to 3 Years: Usually 4 times per week.
3 Years and Older: Often includes alternating weekends, alternating holidays, and extended summer blocks.
You may hear the term "Wilson Visitation." This is a common traditional schedule in Nebraska where the non-custodial parent has the child every other weekend (typically Friday evening to Sunday evening) and alternates major holidays.
If you are filing for custody or visitation, Nebraska law mandates several steps:
Parenting Class: Both parents must complete a state-approved "Basic Co-Parenting" class.
Parenting Plan: You are required to submit a written plan that details exactly how holidays, weekends, and summer breaks will be split.
Mediation: If parents cannot agree on a plan, they are usually required to attend mediation to try and resolve disputes before a judge will hear the case.
Modification: To change an existing order, you must prove there has been a "material change in circumstances" since the last order was signed and that the change is in the child's best interest.
Moving (Removal): If a mother has custody and wants to move out of state with the child, she must obtain court permission or written consent from the other parent. Nebraska has very strict "removal" laws.
Child Support: Parenting time affects support. If a parent has more than 28 days in a 90-day period (substantial visitation), they may be eligible for a reduction in support payments.
