Child Custody And Support Attorneys In Omaha

The emotional and practical toll of a legal battle over child support, custody or visitation can lead to stress and uncertainty for your family. If left unaddressed, these issues can lead to a parent losing time with their children or a forfeiture of parental rights.

Effective legal representation is crucial. At Walz Law Offices, our lawyers will help you negotiate and enforce fair child custody and support terms while protecting your relationship with your children.

Understanding Child Custody Arrangements

Child custody determines a parent’s right to spend time with and make decisions for their child. Custody arrangements typically fall under one of the following:

• Physical custody: This refers to where a child lives and who is responsible for their day-to-day care. A judge can grant one parent sole physical custody, subject to the other person’s parenting time as set forth in a Parenting Plan, or they can award joint physical custody, where both parents have the child for significant periods of time.
• Legal custody: This refers to who has the right to make major decisions for the child, such as those about their schooling, medical care and religious upbringing. A court may give sole legal custody to one parent, allowing them to make all the choices, or joint legal custody, where both parents make decisions together.
• Sole custody: In this arrangement, the court grants one parent both sole physical and sole legal custody. The other parent may have visitation rights, but they do not have the right to make key decisions for the child or have the child live with them.

In Nebraska, courts prioritize the best interests of the child when making a custody determination. This means the judge will consider the child’s relationship with each parent, the parents’ ability to communicate and cooperate, and each parent’s ability to meet the child’s needs, any history of domestic abuse, and in some cases, the child’s wishes. Our attorneys will help you understand the types of custody arrangements available and what may be the ideal arrangement for your situation.

Common Challenges In Child Custody And Support Cases

Going through a custody or support case can be difficult, especially when it involves issues and challenges such as:

• High-conflict relationships: When it’s hard to communicate or cooperate with your co-parent, every decision – from school schedules to holiday plans – can turn into a dispute. Our team can provide strategies and clear, detailed parenting plans that can help minimize current and future conflict.
• Allegations of abuse or neglect: The court’s primary concern is always the safety of the child. When there are allegations of domestic violence, substance abuse or neglect, a judge will take these claims very seriously. Our lawyers work to protect both the child and your parental rights. We can help you gather the necessary evidence to support or refute such claims and ensure that the court has all the information needed to make an informed decision that protects your child.
• Disputes over parenting time: Parents often disagree on how to divide time with their children, especially when one parent wants to relocate or if work schedules change. Our attorneys can help you pursue a fair parenting schedule that meets the needs of everyone involved.

You don’t have to face this process alone. Through skilled negotiation or dedicated litigation, our attorneys will be your unwavering advocate, putting your child’s best interests at the forefront of every approach and strategy.

A Hands-On Approach To Every Case We Handle

Our attorneys have helped many families through tough child support and custody battles. We can assist you with matters such as:

• Primary and joint custody arrangement: Determining who gets custody can be especially contentious for parents. We help fight for your parental rights and present a strong case for seeking custody that will allow you to be involved in your child’s life.
• Determination of child support: Parents should be financially responsible for their child, and child support payments help ensure a child has the resources they need to grow up. We help parents seek fair and attainable child support orders.
• Visitation rights: When a parent does not have physical custody of their child, we help ensure they’re able to still see their child through fair visitation orders.
• Modification of custody and visitation orders: Over time, custody and visitation orders may no longer apply to your current lifestyle. We can help modify these orders due to relocation, new work or school schedules and other factors.
• Enforcement of orders: When a parent violates their custody or support orders, they can be held accountable. We have experience in enforcing these court orders when necessary.
• Decisions related to religion, education and upbringing of the child: We can help parents resolve disputes regarding their child’s upbringing and guide them toward positive decisions that prioritize their child’s well-being.

Our attorneys will thoroughly explain Nebraska child support guidelines and how they apply to you while keeping you informed and empowered at every step. With Walz Law Offices in your corner, you will know what your children are entitled to and what you can expect from the legal process.

When All Else Fails, We Won’t

Whether it’s through negotiation or in the courtroom, our priority is to advocate for the safety, security and welfare of your family. In cases like these, we understand that finding an amicable resolution is often the ideal. Our lawyers will guide you through the process of mediation and urge for a fair and detailed plan that addresses your children’s emotional and financial needs.

However, there are also cases where either parent cannot reach an agreement. In these situations, you need an attorney who is ready to fight for what your family deserves. At Walz Law Offices, “By The Greater Weight” is our guiding principle. This legal standard means that the evidence presented should be more convincing and believable than the evidence from the opposing side. Our attorneys will prepare your case with exceptional thoroughness, building a compelling collection of facts and documents to support your position.

Frequently Asked Child Custody And Support Questions

It’s normal to have questions when you’re going through this process. Our attorneys have collected common questions we’ve received from clients below to offer you some clarity during this confusing and difficult time.

How do I file a petition to establish custody?

Whether you are married to your child’s other parent or not married, the procedure for establishing custody of a child is basically the same. Filing for custody starts with either a Petition or Complaint to Establish Custody of Minor Child(ren) or a Petition/Complaint for Divorce. A custody or divorce complaint will state that the parties have a minor child (or children), that the person filing the complaint (plaintiff) is fit and proper to be awarded custody of the children and that the person receiving the complaint (defendant) is capable of paying child support and should be ordered to contribute to expenses.

Being the first to file does not mean that the plaintiff has won the custody battle, as long as the defendant responds to the complaint. The defendant has 30 days from the date they got served to file an “Answer and Counter Complaint” to the plaintiff’s custody or divorce petition. The Answer and Counter Complaint typically denies many of the allegations in the plaintiff’s complaint and states that the defendant should be awarded custody and the plaintiff should pay child support.

What if the opposing party does not respond to the complaint?

If the opposing party does not file an answer to the complaint and fails to take the parenting class as required by law, they will be in “default.” The court will likely only approve a default parenting plan stating that you shall have sole care, custody and control of the minor children, with visitation occurring solely at your discretion. Should the other party decide they want a parenting plan at a later date, they will be required to take the parenting class and participate in mediation before regularly scheduled visitation may occur.

What is a parenting plan?

The goal of every custody case is to establish a parenting plan that meets the family’s needs and the best interests of the children. Some parents can easily co-parent and are very cooperative in maximizing each parent’s time with the child. Some parents have a hard time communicating and getting along and need the courts to tell them how to co-parent. A parenting plan specifically addresses all the aspects of physical custody and responsibilities between the parties. Specifically, the plan will include the following:

• Normal, day-to-day parenting schedule: This should state when each parent’s time with the child will start.
• Holiday and summer vacation schedules: Typically, one parent will get a given holiday in even numbered years and the other parent will get the holiday in odd numbered years. Holidays prevail over the regular visitation and the plan will state when each holiday begins and ends.
• Transportation: The plan will specify how the children will be transported from one parent’s home to the other. If the parents live in separate towns, the parenting plan may state where the parties shall meet to exchange the children.
• Extended family: Generally, each parent is responsible for providing their extended family with access to the child during that parent’s time with the children.
• Extracurricular activities: Usually, the plan will forbid a parent from planning or scheduling activities during the other parent’s time to thwart visitation.
• Decision making: This is typically referred to as “legal custody.” Parties that can communicate typically have joint “legal custody” of the child, where they share in the decision-making.

What if we can’t agree on custody?

Your custody case is a lawsuit. The end result of any lawsuit that does not settle is a trial. The judge will be presented with your case and the other parent’s case and render a decision. You may call witnesses to testify on your behalf and present documents (exhibits) to the judge, just like on TV. Leading up to the trial, you are permitted to request documents and send written questions (called interrogatories) to the opposing party and they are free to do the same for you.

If the child is old enough to voice an opinion, the judge may speak to the child in what is called an “in-camera interview.” This would take place in the judge’s chambers outside the presence of the parents for reasons of sensitivity. In some cases, it is necessary to appoint an attorney, called a “guardian ad litem,” to represent the child’s best interest.

Is child support mandatory?

Yes. The U.S. Congress has required each state to create a child support enforcement office and child support guidelines to be applied (as a rebuttable presumption) in every custody case. The intent of this was to reduce the number of families receiving aid benefits when there is an able-bodied, noncustodial parent capable of contributing to the support of the children. Your custody matter may have even been initiated by the state of Nebraska after the child received some sort of aid.

The child support guidelines and calculations take both parents’ incomes into consideration. The parents providing health insurance for the minor child will get a credit equal to the cost of providing health insurance. If parties have joint physical custody, sharing close to 50% of the time, the child support obligation will be calculated using a “joint custody calculator,” which will yield a smaller support amount or none at all if the parties have roughly the same income. The courts are not permitted to set a child support amount that would reduce the payor’s income below the poverty level. While the child support guidelines are the presumption, the courts may deviate from the guidelines for good cause. This may include, but is not limited to, health issues of either party or the child, student loan payments, travel expenses of the noncustodial parent, etc.

How much will this cost?

The cost of a custody case varies greatly. If two parents agree on everything, the lawyers only have to draft the paperwork memorializing the agreements into a court order. This is considerably less expensive than a contentious custody battle resulting in a full-blown trial. You may ask the court to order the other party to pay your attorney fees, but judges have a considerable amount of discretion on this. In my experience, judges deny requests for attorney fees far more than they grant them.

Talk To A Skilled Omaha Child Custody Lawyer Today

Parents want the best for their children and our lawyers are committed to achieving that goal. Whether through negotiation, mediation or trial, we will aggressively advocate for your parental rights and the best interests of your child in matters of custody and child support.

Call us today at 402-998-5044 to schedule a free consultation or email us online.