Share this:

Legal Practice Areas

Child Custody

Attorneys in Omaha, NE
Child Custody

During a divorce or separation, one of the more difficult aspects to handle is child custody. Because the household is being broken up, and the parents will be living in two separate homes, it’s important to come to an agreement regarding who has custody of the children and if the custody is shared, how.

Often times parents who split up are not on good terms with each other, and this stress can be felt by the children. Further adding to this stress is the idea of two parents at odds with each other trying to agree on where the children should live and who should make the decisions regarding their lives.

Because of the potential for disagreement, the courts have created a way to determine how to handle the welfare of the children involved without parents having to stress over the situation. This is referred to as “child custody.”

Who can get child custody

While the children involved in divorce and separation generally end up living with one or both of their birth parents, it’s possible at times for other adults to become their legal guardians and therefore gain custody. These adults can be siblings, aunts, uncles, grandparents, and even family friends under certain circumstances.

Types of child custody

There are various types of child custody that can be awarded to birth parents and guardians. First, there is legal custody, which determines who can make the legal decisions regarding the welfare of the children. This type of custody can include the decisions for where the child goes to school, what extra curricular activities the child can participate in, and preferences for medical care.

Then there is physical custody, which determines where the child lives. Physical custody can look different depending on each family’s individual circumstances like where the parents live in relationship to the school attended by the child. Physical custody includes the potential for joint custody which is an arrangement where the child spends time split between both parents’ homes.

Sometimes joint custody is split evenly, and sometimes it’s not. For example, if one parent lives in a city far from the child’s school, that parent may opt for weekend custody, while the other parent maintains custody during the school week.

Another common type of child custody is called sole custody and is an arrangement where one parent has full custody of the child. Sole custody is awarded mostly in cases where one parent is abusive or has been absent. In other words, sole custody is only awarded to a parent who has a track record of reliability.

How to get child custody

If you’re in the middle of a divorce or separation and you have children, and are worried about their welfare and want help to make sure you do what’s best for your child and avoid any potential conflict with your former partner, contact a lawyer as soon as possible. A lawyer can help you through this often confusing and upsetting process, and make it easier for you and your children.

What Our Clients Say

legal service areas
legal service areas
personal injury claim

Helped me to choose which course would be best!

From day 1 Frank was able to give me several different options and helped me to choose which course would be best for me in my family law case. Everything was done quickly and without problem. I walked away from court and what seemed like a never ending battle completely satisfied with the outcome. I would recommend Frank and his firm to anyone looking for an attorney who really knows their stuff and cares about their clients.

Grace

We Answer
Your Questions About The Law

legal service areas

The short answer is yes, you should care because it’s going to affect the statute of limitations on your claim. It’s important to define what a political subdivision is that way, you know where your claim lies.

A subdivision is city, county, villages, schools, certain administrative agencies. All those are treated under the act differently. Now, if you do sustain an injury or an accident with one of those individuals that I’ve named, then you have one year from the date of your injury to file a written notice, written claim to that subdivision. If you don’t, then your claim is forever barred. Read More

That depends on you, specifically in regards to the length of time it takes for your injuries to improve, how long it takes to get to a point where we can reasonably determine what your future looks like, what additional medical care you require, the cost of such medical care and what permanent restrictions or impairments you have. Read More

The answer to that is almost universally no. The reason for that is the insurance companies like to get in early and offer you a lowball offer in the hopes that they can get you to sign a release of liability waiver. Once that happens, you’re out of luck.

The reason that they send these lowball offers is because you haven’t had a chance yet to properly evaluate your claim. You might still be treating, you might need future medical. There’s also the possibility that you’ve been permanently damaged and you need a doctor to assess that. Read More

Maximum medical improvement or MMI is the point in your injury where you’re about as good as you’re going to get which means you’re not likely to get much better and you’re not likely to get much worse.

It doesn’t mean that you’re all the way better and so for that reason, maximum medical improvement is the point at which your permanent disability benefits are determined. Read More

In order to answer that question, we have to know the specific facts of your case. A lot of factors go into the value of a workers’ compensation case.

First of all, money benefits that are paid to you are based on your wages before the accident. That amount is used then to determine both your temporary disability benefits and your permanent disability benefits. Read More

Yes, it can. In order to modify a child custody order, you have to show what’s called a material change in circumstances.

Now, simply stated what that means is something has to happen. An unanticipated change that if the judge or the parties knew about it when they made the original order, they would have decided differently. Read More

Well, it depends on two things.

First of all, who are you suing and second of all, what are you suing them for? If it’s just general negligence and you’re suing a private person or corporation, it’s four years from the date of accrual of the claim or the date of the accident. Read More

Let’s Talk!

Attorneys in Omaha, NE