What is a parenting plan in Nebraska?

In Nebraska, a parenting plan is the written document in which parents set out legal custody, physical custody, and the parenting-time schedule for their children. It can be used by parents who are divorcing, by parents who were never married, or by a parent asking the court to change an existing plan. Under the Parenting Act, the plan shall be developed and approved by the court and shall serve the best interests of the child (Nebraska Revised Statutes Section 43-2929).

What is the difference between a parenting plan and a custody order in Nebraska?

In Nebraska the parenting plan is the detailed written arrangement, and the custody order is entered when the court approves the plan. The two are closely linked because the Parenting Act requires that a parenting plan be developed and approved by the court in cases involving parenting functions (Section 43-2929). Once the court approves the plan under the best interests of the child, its terms become binding.

What must a Nebraska parenting plan include?

Under Nebraska Revised Statutes Section 43-2929, a parenting plan must determine legal custody and physical custody of each child, apportion parenting time, visitation, or other access (including holidays, birthdays, and school vacations with specific dates and times), specify where the child resides across the week, arrange the transfer of the child and communication between the parents, address day-to-day decision-making, and provide a process for future modifications.

What is legal custody in Nebraska?

In Nebraska, legal custody means the authority and responsibility for making fundamental decisions regarding the child's welfare, including choices regarding education and health (Nebraska Revised Statutes Section 43-2922(13)). It is about who makes major decisions for the child and is separate from physical custody, which concerns where the child lives.

What is physical custody in Nebraska?

In Nebraska, physical custody means the authority and responsibility regarding the child's place of residence and the exertion of continuous parenting time for significant periods of time (Nebraska Revised Statutes Section 43-2922(20)). It describes where the child lives and the time the child spends in each parent's care, which the parenting plan sets out as a schedule.

What are parenting functions in Nebraska?

In Nebraska, parenting functions means those aspects of the relationship in which a parent makes fundamental decisions and performs fundamental functions necessary for the care and development of a child (Nebraska Revised Statutes Section 43-2922(17)). The term captures the daily caregiving and decision-making that a Nebraska parenting plan allocates between the parents.

Nebraska Parenting Plan

Q: Is a parenting plan required in Nebraska?

Yes. Nebraska is a mandatory-parenting-plan state. Under the Nebraska Parenting Act, a parenting plan shall be developed and shall be approved by the court, and it shall serve the best interests of the child (Nebraska Revised Statutes Section 43-2929). If the parents cannot agree on a plan, the court will establish one, so preparing a clear, complete plan is an important step in the case.

Q: Which court approves a parenting plan in Nebraska?

In Nebraska, the district court handling your divorce or custody case reviews the parenting plan and approves it if it serves the best interests of the child (Nebraska Revised Statutes Section 43-2929). The Nebraska Judicial Branch Self-Help Center publishes family-law resources. The approved plan governs custody and parenting time going forward.

Under Nebraska's Parenting Act a parenting plan is required, setting out legal custody, physical custody, and parenting time for the court to approve. Attorney review available.

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Introduction

Under Nebraska's Parenting Act, a parenting plan is required, not optional: it shall be developed and shall be approved by the court, and it shall serve the best interests of the child (Nebraska Revised Statutes Section 43-2929). A parenting plan is the written document in which parents set out legal custody, physical custody, and the parenting-time schedule, and it is used by parents who are divorcing, by parents who were never married, and by parents changing an existing plan. In Nebraska, legal custody means the authority and responsibility for making fundamental decisions regarding the child's welfare, including choices regarding education and health, and physical custody means the authority and responsibility regarding the child's place of residence and the exertion of continuous parenting time for significant periods of time (Section 43-2922). The Nebraska statute also uses the term parenting functions for the day-to-day and decision-making responsibilities each parent carries. Under Section 43-2929, the plan must determine legal and physical custody of each child, apportion parenting time, visitation, or other access, specify where the child resides across the week, arrange transitions and communication, and set out how the parents will handle day-to-day decisions and future modifications. Because the statute text here is confirmed through a proxy of the primary code and a corroborating search pending direct re-confirmation, DocDraft builds your Nebraska parenting plan from your family's schedule, with attorney review available before you file it in district court.

Key Things to Know

1
A parenting plan is a written document in which two parents set out legal custody, physical custody, and the parenting-time schedule, whether the parents are divorcing, were never married, or are changing an existing plan.
2
Under Nebraska's Parenting Act a parenting plan shall be developed and shall be approved by the court, and shall serve the best interests of the child (Nebraska Revised Statutes Section 43-2929).
3
In Nebraska, legal custody is the authority and responsibility for making fundamental decisions regarding the child's welfare, including choices regarding education and health (Section 43-2922(13)).
4
In Nebraska, physical custody is the authority and responsibility regarding the child's place of residence and the exertion of continuous parenting time for significant periods of time (Section 43-2922(20)).
5
A Nebraska parenting plan must determine legal and physical custody of each child and apportion parenting time, visitation, or other access with specific dates and times (Section 43-2929).
6
A Nebraska parenting plan must specify where the child resides across the week, arrange the transfer of the child and communication, and set out how future modifications are handled (Section 43-2929).
7
Nebraska law also uses the term parenting functions for the fundamental decisions and daily functions each parent performs for the care and development of the child (Section 43-2922(17)).

Key decisions before you file

Before you file a Parenting Plan in Nebraska, a few decisions shape the document: which option to choose and what each one means. The Parenting Plan guide walks through them.

Open the Parenting Plan guide

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NEBRASKA PARENTING PLAN

This parenting plan is made between [PARENT 1 FULL NAME] and [PARENT 2 FULL NAME], the parents of the child or children named below. The parents may be married and divorcing, or unmarried, and this plan may also be used to modify an existing plan. Under Nebraska's Parenting Act, a parenting plan shall be developed and shall be approved by the court and shall serve the best interests of the child (Nebraska Revised Statutes Section 43-2929).

Children covered: [CHILD FULL NAME, DATE OF BIRTH] [ADD EACH CHILD].

Legal custody (decision-making). The parents will share [joint / sole to PARENT] legal custody. In Nebraska, legal custody is the authority and responsibility for making fundamental decisions regarding the children's welfare, including education and health. Major decisions will be made [jointly, after good-faith discussion / by PARENT], and each parent may make routine day-to-day decisions while the children are in that parent's care.
Physical custody and parenting time. The parents will share [joint / sole to PARENT] physical custody, the authority and responsibility regarding the children's residence and continuous parenting time for significant periods. The plan apportions parenting time as follows. Weekdays: [describe the regular weekday schedule]. Weekends: [describe the alternating or fixed weekend schedule, with pick-up and drop-off times].
Residence schedule. This plan specifies where the children reside during weekdays, weekends, and specific dates: [describe].
Holidays and school vacations. The parents will divide holidays, birthdays, and school vacations as follows: [describe, alternating by year or as agreed], with specific dates and times. Mother's Day is with [PARENT] and Father's Day with [PARENT].
Transfers and communication. Transfers of the children will take place at [LOCATION] at [TIME]. [Each parent / PARENT] will provide transportation for [pick-up / drop-off]. The children may contact either parent by phone or video call during reasonable hours.
Day-to-day care and information. The parents will keep each other informed about the children's health, school, and activities, and will share their current address and phone number.
Modifications. If the parents need to change this plan, they will use a remediation process before asking the court to modify it, consistent with Section 43-2929.
Dispute resolution. If a disagreement arises about this plan, the parents will first try to resolve it between themselves and, if that does not work, through mediation before returning to court.

This parenting plan is subject to district court approval and shall serve the best interests of the child (Nebraska Revised Statutes Section 43-2929). For the general template and other states, see the Parenting Plan hub.

Signed: _____________________ [PARENT 1] Date: __________ _____________________ [PARENT 2] Date: __________

Nebraska Requirements for Parenting Plan

Parenting Act Requires a Parenting Plan
Under Nebraska's Parenting Act, a parenting plan shall be developed and shall be approved by the court, and it shall serve the best interests of the child (Nebraska Revised Statutes Section 43-2929). Statute text here is confirmed through a proxy of the primary code pending direct re-confirmation; attorney review is available.
Legal Custody
In Nebraska, legal custody means the authority and responsibility for making fundamental decisions regarding the child's welfare, including choices regarding education and health (Nebraska Revised Statutes Section 43-2922(13)). Your plan should state whether legal custody is joint or sole.
Physical Custody
In Nebraska, physical custody means the authority and responsibility regarding the child's place of residence and the exertion of continuous parenting time for significant periods of time (Nebraska Revised Statutes Section 43-2922(20)). It describes where the child lives and the time with each parent.
Parenting Functions
Nebraska law uses the term parenting functions for those aspects of the relationship in which a parent makes fundamental decisions and performs fundamental functions necessary for the care and development of a child (Nebraska Revised Statutes Section 43-2922(17)). The parenting plan allocates these functions between the parents.
Custody and Parenting-Time Apportionment
A Nebraska parenting plan must determine legal and physical custody of each child and apportion parenting time, visitation, or other access, including holidays, birthdays, and school vacations, with specific dates and times (Nebraska Revised Statutes Section 43-2929).
Residence Schedule and Transitions
A Nebraska parenting plan must specify where the child resides during weekdays, weekends, and specific dates, and arrange the times and places for the transfer of the child and communication between the parents (Nebraska Revised Statutes Section 43-2929).
Decision-Making and Modifications
A Nebraska parenting plan must address day-to-day care and control consistent with the legal custody determination and provide a remediation process regarding future modifications (Nebraska Revised Statutes Section 43-2929). Parents commonly add mediation as the step before returning to court.
District Court Approval
A Nebraska parenting plan takes effect when the district court approves it as serving the best interests of the child (Nebraska Revised Statutes Section 43-2929). The Nebraska Judicial Branch Self-Help Center publishes family-law resources for parents preparing a plan.

Find out where you stand in Nebraska

Introduction

Key Things to Know

Key decisions before you file

Customize your Parenting Plan Template with DocDraft

Nebraska Requirements for Parenting Plan

Parenting Act Requires a Parenting Plan

Legal Custody

Physical Custody

Parenting Functions

Custody and Parenting-Time Apportionment

Residence Schedule and Transitions

Decision-Making and Modifications

District Court Approval

Frequently Asked Questions