NebraskaChild Visitation Laws
Nebraska Child Custody Guide :: Table of Contents
What is child visitation?In the context of a child custody case, visitation is defined as the rights for a non-custodial parent to see their child, or as temporary custody that's been granted for a period of time to an otherwise non-custodial parent or relative.
In general, courts in Nebraska assume that it is beneficial for both biological parents of a child to have shared custody or visitation, unless it is shown to be against the child's best interests. A biological parent who is denied custody may be awarded visitation rights to provide for a relationship between the parent and child.
Visitation by grandparents, family members, or other third-parties is less clear cut in Nebraska, and nationwide. While there are state guidelines regarding third-party visitation in certain situations, these laws are frequently challenged.
Above all else, courts in Nebraska strive to make custody and visitation decisions that are "in the best interests of the child". The court handling each individual visitation case has significant flexibility in determining what arrangement is in the child's best interests. You can read about Nebraska's visitation guildelines on this page.
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The court will decide a request for visitation based on whether granting a parent visitation would be in the "best interests of the child."
What is considered in a child's "best interests" are outlined under the custody and visitation statute which indicate the following factors are relevant to this type of decision such as:
maintaining a safe, stable, consistent, and nurturing relationship with the child; the ongoing developmental needs of the child; adequate education for the child; and exposing the child to a safe and positive environment.
A court may award visitation rights if at least one parent is deceased, the parents' marriage has been dissolved or a petition for dissolution has been filed, Grandparents seeking visitation must demonstrate that a beneficial relationship exists between themselves and the grandchild and that visitation is in the child's best interest.
In the state of Nebraska, there are a number of laws regarding child visitation regarding visitation for third-parties other than the biological parents of the child. While state laws regarding third-party visitation have been frequently been challenged in courts, they are a good indication of Nebraska's positions regarding non-parental visitation rights.
Visitation Rights Of Grandparents In Nebraska:
Nebraska has special statutes regarding the child visitiation rights of grandparents under different circumstances. State law does not provide for general visitation rights of grandparents, but visitation rights may be presumed under certain parental situations.
Regardless of state presumptions regarding grandparent's visitation rights under specific circumstances, a Nebraska court may allow or prevent visitation rights in any situation based on the best interests of the child.
Visitation Rights Of Other Parties In Nebraska:
Are step-parents granted visitation rights in the state of Nebraska?
Generally it is an uphill battle for step-parents seeking visitation rights for a step-child, especially if the biological parents of the child are alive and are opposed to the visitation.
Under Nebraska law, legal provisions do exist to grant child visitation rights to step-parents under certain circumstances, so visitation can be readily applied for. In all cases, third-party visitation rights are more likely to be granted by the court if they are deemed to be in the best interests of the child.
Can other interested parties or relatives be granted visitation rights to a child in Nebraska?
Under state of Nebraska law, it is not generally possible for any other interested party other than those specified to be granted child visitation rights. In rare cases this may be overruled by the court.
Can parents be granted visitation rights after termination of parental rights or adoption in Nebraska?
In the state of Nebraska it may not be possible to be granted visitation rights after losing parental rights or giving up a child for adoption. This is the case with both biological parents and previous guardians.