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  Like many other states, Nebraska encourages parents to work out issues of child custody cooperatively, rather than fighting them out in court. If necessary, the court will finally decide all the issues related to child custody, based on what is in the best interests of the child. Parents can agree to share custody or divide it between them, or the court can make those decisions after a full hearing.
  
  

Types of Custody

• There are two types of custody described in the Nebraska statutes: legal custody and physical custody. Legal custody is the power to make major decisions about the child, such as how the child will be educated, what medical care he will receive and what religious training the child will receive. Physical custody means the right to decide where the child will live and to care for the child day to day. These forms of custody can be awarded solely to one parent (sole custody) or jointly to both parents (joint custody). Under the Nebraska statute, the court can only award joint custody in two situations: when both parents agree or when the court finds it is in the best interests of the child after a full hearing.
  
  

Parenting Plans

• The Nebraska Parenting Act requires parents to try and work out a parenting plan between themselves. The parenting plan includes agreements about legal and physical custody of the child as well as agreements for visitation. When the parents have difficulty agreeing, they may be sent for mediation or some other form of alternative dispute resolution. The court will review the parenting plan to make sure it is in the best interests of the child. If the parents cannot agree on a parenting plan despite assistance, the court will hold a hearing and make all the decisions regarding custody according to what the court finds is in the best interests of the child.
  
  

Preferences

• Nebraska law specifies that the court cannot give any preference to a parent because of the parent's gender. The court is not allowed to presume that one parent is more fit than the other. If parents do not agree on a parenting plan, the court must decide on custody based solely on the best interests of the child. Sex offenders and parents convicted of other relevant offenses will not be given custody of children unless the court specifically finds that there is no significant risk to the child.