No Joint Child Custody Presumption in Nebraska Courts
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I had previously written an article detailing two bills submitted in the Nebraska Unicameral that dealt with changing how divorce and paternity judges determine custody of children.
With the close of the 2013 Legislative session, the Unicameral failed to move forward with either bill that would have created a presumption that joint child custody should be the starting point in determining what is in the best interest of the minor child. It’s unfortunate that the Unicameral failed to act on simple legislation that would have paved the way for a more congenial judicial experience that fosters compromise between parents.
This issue has had far reaching implications. It has been the subject of newspaper articles, father’s rights facebook groups, and interest group websites.
The Nebraska State Bar Association, the entity that all lawyers practicing in Nebraska are required to join, lobbied against the bills, angering many paternity and divorce attorneys in Nebraska. Marsha Fangmeyer, President of the Nebraska State Bar Association, recently stated that the Bar took the “position opposing a Bill which seemed to require Judges to adopt a Parenting Plan establishing joint physical custody of children in all cases, instead of deciding such issues based upon what is in the best interest of the children, the requirement of current law”.
This is clearly a wrong interpretation of the bills. The bills simply created a presumption that joint child custody was in the child’s best interest unless proven otherwise based on factors already used by child custody judges to determine primary custody. Instead of putting the burden upon a parent to prove that joint child custody is in the child’s best interest, it switches the burden to the party who doesn’t think joint custody is in the child’s best interest.
The current system creates a tumultuous, hostile, costly, and frustrating process. Switching who has the burden would cut the hostility and cost of legal fees by encouraging an amicable resolution to what is best for the children.
What can be done now?
I would encourage you to contact your State Senator and demand that he or she support a bill that establishes joint child custody as the starting point rather than choosing a parent based upon affidavits that usually do not contain true facts.
You can find your Nebraska Senator by clicking here. There you can email your Senator and demand the support for equality in custody decisions.