A separating or divorced parent in Nebraska needs to know the information in Chapter 42 Section 364 of the Nebraska Revised Statutes. This is the section of law

that covers child custody, and it impacts every part of the custody proceeding. Here are some of the guidelines found in the Nebraska revised statutes that affect the

visitation schedule.

The first step to creating a custody schedule is to decide which parent the child will live with. This parent is often referred to as the custodial parent. Sometimes a

mother or father thinks they will get custody of the child merely because they are the mother or father. This is not the case in Nebraska. Section 364 Part 2 explains

clearly that the state does not give preference to either parent based on gender. Each parent has an equal right to custody of the child.

The standard that the state uses in determining custody decisions, including decisions about the visitation schedule, is what is best for the child. Thus, as parents try to

figure out the custodial parent, they should think about the needs of the child and how they can create a schedule to meet those needs. Part 3 of Section 364 says that

parents can agree to have joint legal custody, joint physical custody, or both if it is in the child’s best interest. So, a mother and father should look at the situation and

decide if joint custody is right for the child.

Some of the other factors that Section 364 lists that parents should consider when making the custody schedule are: the relationship of the child to each parent; the

desires and wishes of the child; the general health, welfare, and social behavior of the child; and if there has been any history of abuse in the family. The court will look

at these factors when determining if a schedule benefits the child.