When you’re facing a custody dispute or child support issue, the stakes couldn’t be higher. Your relationship with your children and their well-being hang in the balance. At Horgan Law, our child custody attorneys in Omaha understand the emotional weight of these cases and provide strategic, compassionate representation that puts your children first while protecting your parental rights.
Whether you’re navigating an initial custody determination during divorce, seeking to modify an existing arrangement, or enforcing child support obligations, our experienced family law team provides the guidance and advocacy you need during this challenging time.
Child custody in Nebraska involves two distinct components: legal custody and physical custody. Understanding the difference is essential to protecting your rights and making informed decisions about your children’s future.
Legal Custody refers to the right and responsibility to make major decisions about your child’s upbringing, including:
Physical Custody determines where your child primarily lives and how parenting time is divided between parents. The parent with whom the child spends the majority of time is typically designated the primary custodian, while the other parent receives parenting time (visitation).
Nebraska courts, including those serving Omaha and Douglas County, generally prefer joint legal custody arrangements that allow both parents to share decision-making responsibilities. However, sole legal custody may be awarded when it serves the child’s best interests, particularly in cases involving domestic violence, substance abuse, or other safety concerns.
Nebraska courts use the “best interests of the child” standard when making custody determinations. This child-focused approach considers multiple factors to create arrangements that support your child’s physical, emotional, and developmental needs.
Key factors judges evaluate include:
Nature and History of the Parent-Child Relationship
Courts examine the depth of each parent’s bond with the child, considering involvement in daily care, emotional support, and participation in the child’s activities and education.
Mental and Physical Health of Parents
The physical and mental well-being of both parents is assessed to ensure the child will be in a safe, stable, and nurturing environment.
Emotional and Social Health of the Child
Judges consider the child’s emotional health, behavior patterns, social adjustment, and ability to thrive in different custodial arrangements.
History of Abuse, Neglect, or Substance Abuse
Any evidence of domestic violence, child abuse or neglect, or substance abuse is heavily weighted, as these factors directly impact child safety and welfare.
Child’s Wishes
Depending on the child’s age and maturity level, Nebraska courts may consider the child’s preference regarding custody arrangements. While not determinative, a child’s reasoned preference carries significant weight.
Parental Cooperation and Communication
Courts evaluate each parent’s willingness and ability to cooperate, communicate respectfully, and encourage the child’s relationship with the other parent.
Our Approach to Child Custody Cases
At Horgan Law, we recognize that every family’s situation is unique. Our attorneys take time to understand your circumstances, priorities, and concerns before developing a customized legal strategy.
Initial Consultation
During your consultation, we’ll discuss your current custody arrangement (if any), your relationship with your children, any concerns about the other parent, and your goals for custody and parenting time.
Developing Your Strategy
Based on your situation, we’ll outline potential approaches, from negotiated parenting plans to mediation or court litigation. We explain Nebraska custody laws in clear terms and set realistic expectations about timelines and outcomes.
Gathering Evidence
Strong custody cases require compelling evidence. We help you compile documentation demonstrating your involvement in your children’s lives, including school records, medical appointments, extracurricular activities, and daily care responsibilities.
Negotiation and Mediation
Nebraska law requires parents to participate in mediation before contested custody hearings. Our attorneys prepare you thoroughly for mediation sessions and negotiate strategically to reach agreements that protect your parental rights while serving your children’s needs.
Court Representation
When settlement isn’t possible, we provide vigorous courtroom advocacy. Our trial experience ensures your voice is heard and your evidence is presented persuasively to the judge deciding your case.
Life circumstances change. Job relocations, remarriage, changes in work schedules, or concerns about your child’s welfare may necessitate modifying existing custody orders.
“Can I modify my custody arrangement?”
Yes, but you must demonstrate a material change in circumstances that affects your child’s best interests. Our attorneys evaluate whether your situation meets Nebraska’s legal standard for modification and guide you through the process.
Common grounds for modification include:
We handle all aspects of modification proceedings, from filing initial motions to presenting evidence at hearings, ensuring the court understands why changes serve your child’s evolving needs.
Child support ensures both parents contribute financially to their children’s upbringing. Nebraska uses specific guidelines to calculate support obligations based on both parents’ incomes, the number of children, and the custody arrangement.
Child support calculations consider:
Our child support services include:
Initial Support Determinations
We ensure accurate income calculations and advocate for fair support amounts that reflect your financial circumstances and your children’s needs.
Support Modifications
Significant changes in income, employment, or parenting time may justify modifying support obligations. We help you navigate the modification process efficiently.
Enforcement Actions
When a parent fails to pay court-ordered support, we take aggressive action to enforce obligations through wage garnishment, contempt proceedings, and other legal remedies.
Defending Against Support Claims
If you’re facing unreasonable support demands or allegations of non-payment, we protect your rights and present evidence supporting fair outcomes.
Parenting Plans That Work
A well-crafted parenting plan provides clarity, reduces conflict, and creates stability for your children. Our attorneys help develop comprehensive parenting plans addressing:
We draft parenting plans that are specific enough to prevent disputes yet flexible enough to accommodate your family’s evolving needs.
Your children need you in their lives. Whether you’re a mother or father, we fight to preserve your meaningful relationship with your children while prioritizing their safety and well-being.
For fathers: We ensure your parental rights are respected and fight gender biases that may unfairly favor mothers in custody disputes.
For mothers: We protect your children’s primary relationships while advocating for custody arrangements that support your role as caregiver.
For grandparents: When appropriate, we help grandparents seek visitation rights or custody when parents are unable to provide proper care.
Child custody cases often intersect with other family law matters. We also provide:
High-Asset Divorce – Divorce representation with a focus on protecting your parental rights and substantial assets.
Domestic Violence & Protection Orders – Legal protection when domestic abuse impacts custody or visitation arrangements.
Adoption – Stepparent adoption and other adoption legal services for growing families.
Legal custody involves decision-making authority for major life choices (education, healthcare, religion). Physical custody determines where the child lives and parenting time division.
No. Nebraska law requires courts to make custody decisions based solely on the child’s best interests, without gender preference.
Relocating with a child when custody orders are in place requires court approval. You must provide notice to the other parent and demonstrate that relocation serves the child’s best interests.
Nebraska uses income-shares guidelines considering both parents’ gross incomes, number of children, health insurance costs, childcare expenses, and parenting time division.
Yes, if there’s been a material change in circumstances, such as significant income changes, changes in parenting time, or changes in the child’s needs.
We can file contempt motions or seek order modifications. Violations may result in court sanctions, makeup parenting time, or custody modifications.
Schedule Your Child Custody Consultation
Your children’s future and your relationship with them are too important to leave to chance. Get experienced legal representation from Omaha’s trusted child custody attorneys.
At Horgan Law, we combine compassionate support with aggressive advocacy to protect your parental rights and your children’s best interests. Contact us today to schedule a consultation and learn how we can help you navigate your custody or support matter.
