Proposal may affect Nebraska child custody determinations

New legislation seeks to equalize parenting time in Nebraska custody disputes.

2013-03-13

March 13, 2013 (Press-News.org) Proposal may affect Nebraska child custody determinations

Article provided by Vacanti Shattuck
Visit us at http://www.cvhslaw.com

In February, a Nebraska lawmaker introduced two bills to the Judicial Committee that could change how courts award child custody. The proposed changes are meant to equalize the amount of time that separated parents spend with their children.

In a divorce, child custody is one of the most contentious issues. Often one parent receives a greater share of the time with the child or sole physical custody. This parent's home is usually where the child spends the week and attends school. The other parent receives visitation or parenting time on weeknights and weekends. When parents reside any length of distance from each other this arrangement may be in the best interest of the child.

Proposed move toward joint custody

The bill, LB212, would change custody presumptions. If passed, the bill would allow two "fit parents" to each have 45 percent custody in a separation of divorce. In support of the bill, its sponsor said, "all of the modern research shows that the more time a child spends with a parent, the stronger the relationship is and will be and the healthier the child will be, both mentally and physically."

The courts would still have the ultimate discretion to adjust the amount of time each parent spends with a child based on the facts of an individual case.

The other bill, LB22, states separated parents would need to work together on legal decisions concerning the child. These decisions usually relate to schooling, medical treatment and religion. Under current law, courts often grant joint legal custody when the parents can communicate in a civil manner.

Advocates argue that a change in law is required to maximize the amount of time both parents have with their children. Fathers are many times the ones that see their time with their child or children limited. With an every other weekend parenting time schedule the might only see their kids four days per month.

Similar legislation introduced last year was unable to get out of committee. But those bills also dealt with child support. Supporters of the bill hope to reach the legislative floor this year and remove the winner/loser mentality in custody cases.

Current factors in a Nebraska child custody decision

In Nebraska child custody and visitation cases, the court uses the best interest of the child to guide decisions. If the parents do not agree on joint custody in a parenting plan, the court can still award joint custody if it finds specifically that it is in the best interests of the child.

Joint physical custody is usually only awarded in cases where the parents meet the following criteria:
-The parents are mature enough that the child will not be able to manipulate the parents
-A joint custody situation will not confuse the child
-The parenting plan provides a stable atmosphere for the child and does not continue "turmoil or custodial wars"

The factors for awarding joint physical custody are different from sole physical custody. The court may be more hesitant to award joint physical custody if the separated parents reside in different towns. On the other hand, when parents communicate well and can each arrange to get children to school, a joint custody arrangement might better meet the needs of the children.

If you are considering separating or divorce, contact an experienced Nebraska family law attorney. An attorney can discuss available child custody options and explain how the process works.

ELSE PRESS RELEASES FROM THIS DATE:

Financial pitfalls faced by women post-divorce

2013-03-13

Financial pitfalls faced by women post-divorce Article provided by The Law Office of Thomas V. Sassone, P.C. Visit us at http://www.tvslawpc.com Statistically, women have the harder time financially after a divorce than men. A study conducted by the National Marriage Project at Rutgers University has found that on average, a man will see an approximate 10 percent increase in his standard of living post-divorce, but a woman will experience a 27 percent decrease. Experts attribute the disparity to the possibility that many women are not involved with finances during ...

Iowa Legislature mulls tougher distracted driver law

2013-03-13

Iowa Legislature mulls tougher distracted driver law Article provided by Shanks Law Firm Visit us at http://www.shankslaw.net The dangers that distracted drivers pose to other motorists on our nation's roadways has received a lot of attention in the press lately, and for good reason. After all, common sense tells us that taking our eyes off the road is a dangerous behavior that dramatically increases the risk of a car accident. Unfortunately, Iowa drivers are not immune to such behavior. As a result, the Iowa legislature has proposed toughening its laws against ...

2013 tax changes may spell confusion for small business owners

2013-03-13

2013 tax changes may spell confusion for small business owners Article provided by The Gartzman Law Firm, P.C. Visit us at http://www.gartzmantaxlaw.com After a no small amount of last-minute scrambling to avert the so-called fiscal cliff, Congress recently passed a number of changes to the federal tax code. Some of these changes, both good and bad, could have a significant impact on small business owners. While the potential for increased tax liability under the new plan is a major concern for many small business owners, some say the real challenge will be keeping ...

Tax payment plan vs. tax settlement: What's the difference?

2013-03-13

Tax payment plan vs. tax settlement: What's the difference? Article provided by The Gartzman Law Firm, P.C. Visit us at http://www.gartzmantaxlaw.com Many serious tax problems stem from a simple and relatively common situation: being unable to pay the amount due to the IRS. What many people who find themselves in this situation do not realize, however, is that being unable to afford a tax payment is not necessarily what lands a person in hot water with the IRS. Instead, it is how these individuals choose to deal with the situation -- or not deal with it -- that ...

Personal bankruptcy options: liquidation vs. reorganization

2013-03-13

Personal bankruptcy options: liquidation vs. reorganization Article provided by Purrazzella & Purrazzella, P.A. Visit us at http://www.purrlaw.com When financial difficulties turn from bad to worse and people fear they may never be able to catch up on their overdue bills, many turn to bankruptcy as a way to make a fresh financial start. While most people have heard of bankruptcy, many are unaware of how the process works and how it can benefit people who are struggling with unmanageable debt. What is bankruptcy? Bankruptcy is a legal procedure that helps ...

New technologies lead to new dangers on our nation's highways

2013-03-13

New technologies lead to new dangers on our nation's highways Article provided by Noel M. Ferris Visit us at http://www.noelmferris.net Over the past decade, cell phones have become an essential tool for people in nearly every walk of life. While these devices definitely have their benefits, they are also responsible for the emergence of a significant threat on our nation's highways: distracted driving. According to the National Highway Traffic Safety Administration, 3,092 people were killed and an additional 419,000 people were injured in motor vehicle accidents ...

Rhode Island divorce: basic family law considerations

2013-03-13

Rhode Island divorce: basic family law considerations Article provided by Law Office of Hoopis & Hoopis Visit us at http://www.hoopisandhoopis.com When a couple plans to divorce in Rhode Island, the parties must address several legal topics that go beyond the relationship, itself. For example, litigants must assess property division, child custody and visitation, child support and other similar issues if they are applicable to the end of the marriage. Jurisdiction The first step in the process concerns jurisdiction. In Rhode Island, divorce proceedings ...

Guilty until proven innocent?

2013-03-13

Guilty until proven innocent? Article provided by Kenneth L. Baritz & Associates, P.C. Visit us at http://www.baritzlaw.com In the 2002 movie Minority Report, Tom Cruise's character, police Chief John Anderton, leads Washington D.C.'s "Pre-crime" unit that uses a trio of gifted humans ("Pre-cogs") to see the future and prevent crime before it actually happens. The Pre-cogs are trusted so implicitly in the year 2054 A.D. that future criminals are punished for crimes they supposedly would have committed before being stopped by police. While ...

Young drivers more likely to use cellphones while behind the wheel

2013-03-13

Young drivers more likely to use cellphones while behind the wheel Article provided by Goicoechea Law Offices Visit us at http://www.lawnorthwest.com/ To the parents of teenage children, the results from a national survey of drivers regarding cellphone use while on the road should come as no surprise. According to the research conducted by the National Highway Traffic Safety Administration, more young drivers are involved in motor vehicle accidents while distracted behind the wheel. In addition, a large proportion of younger drivers answer phone calls while they ...

Adequate savings the key to financial wellness

2013-03-13

Adequate savings the key to financial wellness Article provided by Ferguson Scarbrough Hayes Hawkins & DeMay, PA Visit us at http://www.fspa.net No one ever plans to go into bankruptcy. To the contrary, a significant number of bankruptcies can be traced back to unexpected life events, like a job loss, divorce or illness. When these crises hit, the combination of interrupted income and added expenses can be financially devastating. When events like these happen, having a robust emergency savings account can mean the difference between weathering the storm ...

Turning agricultural waste into advanced materials: Review highlights how torrefaction could power a sustainable carbon future

Pollen counts can be predicted by machine learning models using meteorological data with more than 80% accuracy even a week ahead, for both grass and birch tree pollen, which could be key in effective

Rewriting our understanding of early hominin dispersal to Eurasia

Rising simultaneous wildfire risk compromises international firefighting efforts

Honey bee "dance floors" can be accurately located with a new method, mapping where in the hive forager bees perform waggle dances to signal the location of pollen and nectar for their nestmates

Proposal may affect Nebraska child custody determinations

ELSE PRESS RELEASES FROM THIS DATE:

LAST 30 PRESS RELEASES: