Under Nebraska’s child custody laws for unmarried parents, when a child is born to parents who are not married to one another, the mother would automatically have custody of the child if the father is unknown or is not legally acknowledged. However, if the father is known and recognized as the biological father, then he has the same rights as the mother in having a relationship with the child.
Often, a paternity form is completed at the time of the child’s birth and signed by the mother acknowledging paternity. If this is the case, the father has a right to a relationship with the child from the time of its birth. If not, then the unmarried father may have to go to court to prove his paternity, and then he may assert his right to have a relationship with the child, i.e., to have some form of custody or visitation.
Of course, once a father establishes his paternity, he becomes obligated to provide financial child support.
In Nebraska, there are two types of custody. The first is physical custody. Physical custody is where a child lives. One parent may have sole physical custody of their minor child. This would mean that the child lives with one parent and may have visitation with the other.
The second type of custody is legal custody. Legal custody is the authority to make decisions about a child’s upbringing, such as where they receive their education, whether they are raised in a religious tradition, and what kind of medical care they are given. If legal custody is joint, then the parents share the responsibility for decision-making. If one parent has sole legal custody, then they have sole authority to make the major decisions regarding their child’s upbringing.
Or the parents may have joint physical custody. In joint physical custody, the child lives with both parents for roughly equal periods of time. Courts in Nebraska favor joint custody, both physical and legal because it is thought that children benefit from continuing, frequent contact with both of their parents.
Unmarried parents have the same custody rights as married and divorced parents. Once an unmarried father’s paternity is established, both parents have the right to seek custody of their child. Unwed fathers must prove paternity by taking a DNA test or stepping up and establishing themselves as the child’s father. A local attorney in Nebraska would be able to provide more information.
What Rights Does a Father Have if He is on the Birth Certificate in Nebraska?
If the name of an unmarried father is a child’s birth certificate, he may claim his right to a relationship with his child. If he is not able to reach an agreement with the child’s mother regarding custody and/or visitation, then he would be able to go to court to request the arrangement of his choice. The court would hold a hearing and make a decision.
If a father is named on a child’s birth certificate, that father has a right to a relationship with the child. A father may have a right to some type of custody, including possibly joint custody or visitation. However, a court might determine that the father is an unfit parent. In that case, it would determine whether the father is entitled to some form of custody or visitation. The court would make child custody decisions by applying the child’s best interest standard.
Can a Mother Keep a Child Away from the Father in Nebraska?
In Nebraska, there is no presumption to the effect that either the mother or the father is the preferred parent for custody. There used to be a presumption that the mother should have custody of a young child. This presumption has been done away with.
Still, however, many Nebraska judges may favor placing a very young child in the custody of the mother, especially if the mother has been the child’s primary caregiver since its birth.
What Will Likely Happen if There Is a Custody Battle Between Unmarried Parents?
Nebraska law requires that all court decisions about child custody be made on the basis of the best interests and welfare of the child. This is the standard that also applies in cases in which the parents are not married to each other. A Nebraska court examines the parental fitness of each parent. A court may deny custody to a parent that it believes to be unfit or a fit parent if it thinks that would serve the best interests of the child.
Specifically, Nebraska uses a two-step analysis in child custody cases. First, the court determines whether both parents are fit. In the second step, the court decides on a custody arrangement that is in the best interests of the child.
The courts look at several factors as follows:
- If the child is old enough and mature enough, the court hears the child’s preferences;
- The preferences of the parents regarding custody;
- How willing each parent is to work cooperatively with the child and the other parent;
- Whether there is a history of domestic violence, child abuse, neglect or substance abuse;
- The mental health of everyone involved in the case;
- The physical health of everyone involved in the case;
- The child’s existing relationships with their parents, any siblings, and other members of the extended family;
- The results of any investigation made to determine the nature of care and welfare of the children.
Other factors may play a role in some cases as well.
What Are Some Other Issues That Unmarried Parents May Experience?
If the unmarried mother were to abandon their child or neglect or abuse the child, then she might lose primary custody to the father. Again, however, this would require that the unmarried father has established his paternity in a legally acceptable way. The child will be put in foster care if the father has not established paternity.
Unmarried parents also have the same right as married parents to negotiate a parenting agreement for themselves. The agreement would specify how the parents would manage custody of their child, visitation, and all the other legal issues involved in the care of their child.
The agreement should address the two kinds of custody, both physical and legal. A good parenting plan would include a process for the parents to use if they share joint legal custody and make decisions together.
With respect to legal custody, the plan might provide that one parent or the other would have the final say regarding decision-making if the parents cannot agree. It might also include a process for altering the plan if the need should arise, e.g., if one parent wants to move out of the state.
Of course, a complete parenting plan would have to address the issues of child support and how the parents would pay all of the costs associated with child-rearing. It would also state how agreements regarding finances might be changed.
A legal consultation with a Nebraska attorney would be able to help an unmarried couple negotiate a parenting plan. Mediation is a process that might also give unmarried parents the chance to come up with a plan that works best for them.
The main goal is for the parents to agree on all plan terms. They would then submit their plan to a court. The court would review the plan. If the court thinks that the plan serves the best interests of the child, the court would include it in a court order. The court would then enforce the order if either parent were to violate its terms.
Do I Need an Attorney for Child Custody Between Unmarried Parents?
If you are an unmarried parent and want to seek custody or visitation with your child, you want to talk to an experienced Nebraska child custody lawyer.
LegalMatch.com can connect you to a lawyer who can tell you how paternity may be established and how to assert your rights in court. Your lawyer may also be able to help you avoid the courtroom and negotiate a deal that gives you what you want.
Last Updated: Jun 14, 2024
