Omaha Modification Attorneys

Understanding Child Custody Modification in Nebraska

Prior to seeking Court intervention to modify a parenting plan, parties are required to attempt remediation of their parenting plan. If the parties cannot reach an agreement after further mediation and one of the parties wants to change the existing parenting plan, they will have to file a Complaint for Modification with the court and must notify the other parent that they’ve filed the complaint.

Note that an individual cannot request a modification of the existing plan on a whim. Rather, they must convince the court that there has been a “material change in circumstances” from the time the current parenting plan went into effect, such as if one of the parents has to move out of state due to an employment change, or if one parent has become disabled and abiding by the current plan would pose a major hardship. As always, though, the court will determine whether any proposed change to the parenting plan would be in the best interests of the child.

Modifying custody or a parenting plan means the court will change its order. The new court order must include:

• a court finding that there has been a material change in circumstances since the last parenting plan was ordered and a court finding that the proposed change to the parenting plan is in the minor child’s best interests;
• a new parenting plan that provides for a change in custody or parenting time.

The court may also change child support and the responsibility for health care expenses and childcare expenses.

As with a modification of child support, the legal process begins with filing a Complaint for Modification with the clerk of the district court in the county where the original order was entered. When filing a Complaint for Modification, an individual can ask the court to make decisions about:

• custody;
• parenting time (visitation);
• child support; and
• responsibility for health care expenses and childcare expenses.

Parents must have a newly written parenting plan to give to the court at the time of the final hearing, and the plan must address physical custody, legal custody, and parenting time. Note that both parents must sign the parenting plan. The Nebraska courts have parenting plan templates and guidelines on their website.

Need Help with Parenting Plan Changes? Contact Us

If you are interested in modifying an existing court order, it is best to consult an experienced attorney for legal guidance throughout the filing process. While anyone can apply for a modification, an application will only be successful if you can prove extenuating circumstances that render the order no longer viable (e.g., change in income, relocation). For more information, contact our legal team at Slowiaczek Albers & Whelan.

Ready to Modify Your Parenting Plan? Call (402) 928-2007 or fill out a contact form to schedule a consultation today.