Nebraska Emergency Custody Motion
Ex parte order on an affidavit; lasts no more than 10 days or until a hearing is held.
Find out where you stand in Nebraska
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Introduction
Neb. Rev. Stat. 42-357 lets a court issue an ex parte temporary custody order on application and affidavit in a pending divorce or separation case. It lasts up to 10 days or until a hearing; a hearing is due within 72 hours if a child restraining order issues.
Key Things to Know
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If a child is in immediate danger, call 911 now. A court filing takes time and cannot protect a child in the moment.
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Nebraska uses a temporary ex parte order under Neb. Rev. Stat. 42-357. It is available only after a complaint is filed in a proceeding under Neb. Rev. Stat. 42-347 to 42-381. Either county court or district court judges may grant it.
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The statute does not state a harm-based test. The accompanying affidavit must show the court that the party is entitled to the order. The court decides whether to grant it.
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The statute allows ex parte orders on application and affidavit without prior notice. Notice of hearing is a separate step: a temporary support allowance cannot be entered before three days after notice of hearing is served or waived.
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An ex parte temporary custody order remains in force for no more than ten days or until a hearing is held, whichever is earlier. If a restraining order concerning minor children is issued, a hearing must follow within 72 hours.
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A restraining order against molesting or disturbing the peace of a child cannot issue unless the court also gives the requesting parent temporary custody at the same time.
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Ask the clerk whether your court uses a specific form or has local requirements for an ex parte custody application. For abuse, ask about a domestic abuse protection order (Neb. Rev. Stat. 26-103) and report to child protective services. For non-emergency changes, see the modifying child custody guide.
Key decisions before you file
Before you file a Emergency Custody Motion in Nebraska, a few decisions shape the document: which option to choose and what each one means. The Emergency Custody Motion guide walks through them.
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Nebraska Requirements for Emergency Custody Motion
Ex Parte Order Under Neb. Rev. Stat. 42-357
On application and affidavit, a Nebraska court may issue ex parte orders, including temporary custody of minor children, in a proceeding under 42-347 to 42-381.
Affidavit Showing Entitlement
The accompanying affidavit must show the court that the applicant is entitled to the order.
Pending Case Required
The ex parte order is available after the complaint is filed in a proceeding under Neb. Rev. Stat. 42-347 to 42-381.
Ten-Day Limit
An ex parte custody order remains in force no more than ten days or until a hearing is held, whichever is earlier.
Hearing Within 72 Hours
When a restraining order concerning minor children is issued on application and affidavit, a hearing must be held within 72 hours.
Custody Required With Child Restraining Order
A restraining order against molesting or disturbing the peace of a child cannot issue unless the requester is given temporary custody at the same time.
Emergency Jurisdiction Under 43-1241
A Nebraska court may act in an emergency if the child is present in Nebraska and either has been abandoned or needs protection because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse.
Domestic Abuse Protection Order Route
A domestic abuse protection order under Neb. Rev. Stat. 26-103 can include temporary custody for a period not to exceed ninety days.