Medicine Technology 🌱 Environment Space Energy Physics Engineering Social Science Earth Science Science
Science 2013-04-27

Documentary looks at children's perspective in divorce

"Best interest" factors serve as a guide in all Nebraska child custody cases

April 27, 2013

Documentary looks at children's perspective in divorce

Article provided by Thompson Law Office, PC, LLO
Visit us at http://www.thenebraskalawfirm.com

One of the biggest worries for parents going through divorce is how their children will adjust. For children the uncertainty of where they will be living and less time with each parent is frightening. In divorce, the voices of the children can become lost.

A new documentary asks children to explain in their own words how they have been affected by the divorce of their parents. The film, scheduled to be released in June, asks children between the ages of six and 12 to share their feelings about divorce.

In a trailer for the movie, one child says, "It's like something that you really love like breaks and you can't put it back together kind of." Other children worried that something they had done caused their parents to divorce.

The director of the film, Ellen Bruno, wanted to provide an opportunity for children to discuss their experience. Bruno also explained that children often listen closer to other children than adults. As in the film, children of a certain age may be able to provide insight into a custody schedule they prefer.
Child custody in Nebraska

Divorce judgments contain parenting plans that detail a custody and visitation schedule. There are two type of custody: legal and physical. Legal custody relates to decisions surrounding schooling, medical care and religion. Physical custody lays out how much time a child will spend with each parent. Parents often agree to share joint legal custody. Physical custody decisions are often more difficult.

A Nebraska child custody arrangement reached during the divorce must take into account the changing developmental needs of children. Usually the agreement will dictate the schedule of the children until they reach 19.
Best interest factors

When spouses cannot reach agreement on child custody and parenting plans, the court decides custody based on what is in the best interests of the child. Some of the factors the court considers are:
-The involvement of each parent, such as the day-to-day parenting responsibilities
-Wishes and desires of the child, if of an age of comprehension
-The health, safety, welfare and social behavior of the child
-Whether any abuse or neglect occurred

For joint physical custody, the parents must show maturity and that the arrangement will provide a stable atmosphere for the child rather than continuing turmoil. Sometimes parents will agree to joint physical custody, but find the arrangement breaks down when the child reaches school age. This is common if parents live in different school districts or several hours apart. There are situation where joint physical custody can work, but it must be planned carefully.

If you are separating from a spouse, seek out the assistance of family law attorney. Mistakes made in a divorce agreement can have wide-ranging effects. An attorney can provide guidance throughout the divorce process.