Do Courts In Nebraska Favor One Parent Over The Other In A Custody Case?
The statutes in Nebraska are specifically designed to be gender-neutral. Gender is not one of the criteria a judge can consider in determining custody; custody should be determined solely based on the best interests of the child, which involve a number of factors, but gender is not one of them.
Can A Child Have A Say In Whom He Or She Will Live With?
The Nebraska Supreme Court has case law that says that a minor child’s wishes are to be considered by a court if possible, but the weight that the wishes are given by the court is dependent on the age and maturity of the minor. For example, the opinion of an 11-year-old child who wants to stay with one parent instead of the other simply to avoid doing chores likely wouldn’t be given very much weight by the court. On the other hand, the opinion of an older child who has a mature reason behind their preference would likely have more of an impact on the court.
In Many Movies, A Child Will Be Asked In Court Which Parent They Want To Live With; Does It Really Happen That Way?
The court will allow for a child to be questioned in court as to which parent they would choose to live with. In other words, a child can serve as a witness just like anyone else, assuming they are competent to testify, which means they are able to understand the questions being asked and able to tell the truth. In Nebraska, there is a motion that can be filed in order to request that the child’s testimony be made on camera so that they don’t have to testify in front of their mom and dad; some judges allow this and some don’t. Personally, I believe it can be very traumatic for a child to have to testify or make possibly negative statements about one parent or the other.
If My Spouse Had An Affair, Could I Potentially Receive More Spousal Support Or Alimony?
Nebraska is a no-fault divorce state, which means adultery by one spouse or the other is not a factor considered by the courts in the determination of spousal support.
Are All Divorces Expensive? Why Does It Matter Who I Hire If It Costs The Same?
Not all divorces are necessarily expensive, and an individual cannot expect to get the same result regardless of the attorney they choose. An attorney needs to be mindful of their client’s wishes, aware of the important facts of the case, know the law and what the judge will expect to see and hear, and be willing to put in the necessary due diligence during the discovery process. Accomplishing all of this can require a lot of time, which adds to the cost. Not every case is complicated and many of them can be resolved outside of court, but a competent attorney will still be necessary in order to ensure the best possible outcome.
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