Child Custody Agreement - Nebraska

PROPOSED CHILD CUSTODY AND PARENTING PLAN

(Nebraska Parenting Act)

Court-approval gate. In a Chapter 42 proceeding where parenting functions are at issue, Neb. Rev. Stat. § 43-2929 requires a parenting plan to be developed and approved by the court. This proposal does not change an existing order, create enforceable custody, or authorize relocation merely because the parties sign it.

Safety gate. Do not use ordinary joint-planning clauses to work around child abuse or neglect, domestic intimate partner abuse, unresolved parental conflict, directly harmful criminal activity, protective orders, or an immediate safety concern. Sections 43-2929 and 43-2932 require safety-focused treatment and, in specified cases, court findings and limitations.

1. CASE AND FAMILY INFORMATION

Children

Related Proceedings and Orders

List every custody, divorce, parentage, guardianship, protection, juvenile, adoption, or deployed-parent proceeding and order:

[____________________________________________________________]

Counsel shall confirm the correct court, filing route, required confidential-information forms, and whether another jurisdiction or court order controls.

2. CUSTODY SELECTION

Use the statutory terms in Neb. Rev. Stat. § 43-2922. Do not use “joint” if one parent is intended to have unilateral final authority unless counsel drafts and the court approves a legally accurate allocation.

2.1 Legal Custody

• ☐ Joint legal custody: mutual authority and responsibility for fundamental decisions regarding each child's welfare, including education and health.
• ☐ Legal custody to Parent 1: Parent 1 has the authority and responsibility stated in the proposed order.
• ☐ Legal custody to Parent 2: Parent 2 has the authority and responsibility stated in the proposed order.
• ☐ Other court-approved allocation: [________________________________].

2.2 Physical Custody

• ☐ Joint physical custody: mutual authority and responsibility regarding residence and continuous blocks of parenting time by both parents for significant periods.
• ☐ Physical custody to Parent 1, subject to the parenting-time schedule.
• ☐ Physical custody to Parent 2, subject to the parenting-time schedule.
• ☐ Other court-approved allocation: [________________________________].

2.3 Major Decisions

For joint legal custody, no clause grants one parent an unstated final veto. Any tie-breaking procedure must be expressly reviewed and approved by counsel and the court.

3. BEST-INTERESTS REVIEW

The court determines whether the plan serves the child's best interests. Section 43-2923 requires a plan or arrangement addressing safety, emotional growth, health, stability, physical care, and regular and continuous school attendance and progress for school-age children. Complete this record with child-specific facts.

The parties do not represent that their agreement binds the court's best-interests determination.

4. PARENTING-TIME SCHEDULE

Section 43-2929 requires sufficient detail for later enforcement if necessary.

4.1 Regular Schedule

4.2 Holidays, Birthdays, and School Breaks

State which schedule controls when regular, holiday, birthday, and vacation periods overlap: [________________________________].

4.3 Telephone and Other Communication

Each child may communicate with the other parent at [FREQUENCY / METHOD / TIME], subject to age, routine, safety terms, and the court's order. Section 43-2929 requires appropriate times and numbers for telephone access.

5. TRANSITIONS AND TRANSPORTATION

The plan shall reduce children's exposure to conflict. If ordinary face-to-face transfers are unsafe or inappropriate, leave this section for a court-approved safety or transition plan.

6. DAY-TO-DAY CARE AND INFORMATION

6.1 Day-to-Day Decisions

During a parent's parenting time, that parent may make ordinary day-to-day care decisions consistent with the legal-custody allocation and court order.

6.2 School and Healthcare Information

Subject to the court's order and lawful access restrictions, the parents shall use the following process to exchange school calendars, attendance information, healthcare appointments, prescriptions, emergency information, and activity schedules:

[____________________________________________________________]

6.3 Address Changes

The parties shall notify each other of an address change as required by the approved parenting plan and Neb. Rev. Stat. § 43-2929(2). When a party lives or moves to an undisclosed location because of safety concerns, the address or return address shall include only the county and state as the statute provides.

6.4 Travel and Relocation

This form sets no universal mileage threshold, advance-notice period, burden of proof, or permission to relocate. Counsel shall insert only the travel and relocation terms authorized by the current order and Nebraska law:

[____________________________________________________________]

7. REMEDIATION PROCESS

Section 43-2929 requires a remediation process for future circumstantial changes or conflicts.

1. The parent raising a nonemergency issue shall identify the issue in writing through [METHOD].
2. The parents shall exchange the information needed to evaluate the issue by [PROCESS / TIME].
3. If safe and appropriate, they may use [APPROVED MEDIATION CENTER / PRIVATE MEDIATOR / COURT CONCILIATION PROGRAM].
4. A mediator has no decisionmaking authority. Any change requiring court approval shall be submitted to the court before the parents rely on it.
5. Emergency, abuse, neglect, protection-order, safety, or time-sensitive court matters bypass ordinary remediation and follow counsel's safety and filing plan.

No arbitration clause, private contempt remedy, automatic fee award, default, or cure period is created by this section.

8. SAFETY AND TRANSITION PLAN

8.1 Screening

• ☐ No issue requiring a specialized safety route has been identified after counsel review.
• ☐ A child-abuse or neglect issue requires court review.
• ☐ Domestic intimate partner abuse requires court review.
• ☐ Unresolved parental conflict requires special provisions.
• ☐ Directly harmful criminal activity requires special provisions.
• ☐ A protection order or confidential address affects communication or exchanges.
• ☐ Other: [________________________________].

8.2 Court-Approved Protections

If § 43-2932 applies, the court—not this private form—determines the findings and reasonably calculated limits. Proposed provisions for counsel and court review:

Nothing here authorizes a parent to unilaterally suspend the other parent's court-ordered time unless the court order expressly provides that authority or emergency law supplies a route confirmed by counsel.

9. CHILD SUPPORT AND EXPENSES — SEPARATE COURT DOCUMENTS

Child support, health coverage, cash medical support, childcare, tax treatment, and division of uncovered expenses shall be calculated and submitted through the current Nebraska guidelines, worksheets, financial affidavits, and proposed order identified by counsel.

This parenting plan does not privately recalculate, waive, cap, or condition child support.

10. COURT SUBMISSION AND EFFECT

10.1 Proposed Plan Only

The parties request that the court review this proposed plan. It becomes operative only to the extent incorporated into or approved by a court order.

10.2 Existing Orders

Until the court enters a new order, every existing order remains in effect. A signed proposal does not authorize self-help, withheld parenting time, relocation, or a change of custody.

10.3 Required Filing Packet

• ☐ Correct motion, petition, stipulation, or decree route identified
• ☐ Parenting plan attached in the court's required format
• ☐ Child-support documents completed separately
• ☐ Confidential-information and address forms completed
• ☐ Safety filings and protected information handled correctly
• ☐ Service, notice, hearing, and education or mediation requirements confirmed
• ☐ Proposed order prepared

11. SIGNATURES ON PROPOSED PLAN

The signatures confirm submission of this proposal for court review; they do not make it a substitute for a court order.

Add verification, acknowledgment, notarization, or an attorney certificate only if the current court form or rule requires it.

SOURCES AND REFERENCES

• Nebraska Revised Statute § 43-2922 — Parenting Act definitions.
• Nebraska Revised Statute § 43-2923 — best-interests requirements and factors.
• Nebraska Revised Statute § 43-2929 — court approval and parenting-plan contents.
• Nebraska Revised Statute § 43-2932 — court safety findings and limits.

Verified against the current official Nebraska Legislature sections on August 15, 2026. Section 43-2923 reflects LB 965, operative July 18, 2026. The state-bills citation index did not surface LB 965 and therefore did not independently clear the amendment.