What Are Your Rights as a Father in a Nebraska Custody Case?

December 20, 2025

What Are Your Rights as a Father in a Nebraska Custody Case?

When parents separate or divorce, it’s common for fathers to worry about how much time they’ll have with their children. Nebraska law does not favor mothers over fathers. Instead, courts focus entirely on the best interests of the child. Fathers in Nebraska have significant rights when it comes to custody, parenting time, and involvement in major decisions. Understanding these rights can help you protect your relationship with your child.


At VandenBosch Law, LLC, we provide legal assistance to the Omaha public and help fathers navigate custody disputes with clarity and confidence.


Nebraska Custody Law: Equal Standing for Fathers


Nebraska courts treat both parents equally under the law. Fathers have the right to file for custody, request parenting time, and participate in decision-making about their child’s upbringing. If paternity has been legally established, a father has the same standing as a mother in custody proceedings.


Even if a child’s parents never married, fathers can still seek custody and parenting time once paternity is confirmed.


Legal Custody: Your Right to Be Involved in Major Decisions


Legal custody refers to the authority to make important decisions about your child’s life, such as:


  • Education
  • Healthcare
  • Religious upbringing
  • Extracurricular activities


Nebraska courts often prefer joint legal custody, allowing both parents to share decision-making responsibilities. Fathers have every right to request joint legal custody or, when appropriate, sole legal custody.


Physical Custody and Parenting Time


Physical custody determines where the child primarily lives. Fathers can request:


  • Joint physical custody
  • Primary physical custody
  • A structured parenting time schedule


Nebraska courts aim to preserve strong relationships with both parents. A father’s work schedule or living arrangements does not automatically prevent substantial parenting time, as long as the environment is safe and stable.


Best Interests of the Child: What Courts Consider


To create a custody arrangement, courts evaluate several factors, including:


  • The child’s relationship with each parent
  • Each parent’s ability to provide a safe and supportive home
  • Stability, routines, and parental involvement
  • Any history of neglect, abuse, or substance misuse
  • Each parent’s willingness to support the child’s relationship with the other parent


A father who is engaged, supportive, and cooperative stands on equal footing with the mother.


Modifying Custody Orders


Fathers also have the right to request custody modifications if there is a material change in circumstances. This could include changes in employment, relocation, or concerns about the child’s wellbeing.


Enforcement of Parenting Time


If the other parent interferes with your court-ordered parenting time, you have the right to seek enforcement through the court. Nebraska courts take violations of parenting time seriously.


How a Nebraska Custody Attorney Can Help


Custody cases are emotional and high stakes. An attorney can guide fathers through issues such as:


  • Establishing paternity
  • Requesting joint or primary custody
  • Creating a fair parenting time schedule
  • Handling disputes outside of court
  • Representing you in custody hearings


At VandenBosch Law, LLC, we help Omaha fathers understand their rights and advocate for meaningful, long-lasting relationships with their children.

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