Nebraska Sole Custody Agreement

SOLE CUSTODY AGREEMENT

State of Nebraska — Pursuant to Neb. Rev. Stat. § 42-364 and the Nebraska Parenting Act

Important: Under Nebraska law, the court determines custody based on the best interests of the child (Neb. Rev. Stat. § 43-2923). Sole custody is appropriate when circumstances -- such as domestic intimate partner abuse (§ 43-2932), parental unfitness, geographic distance, inability to cooperate, or other factors -- make joint custody contrary to the children's best interests. Even in sole custody arrangements, a parenting plan is required under § 43-2929, and the non-custodial parent ordinarily retains parenting time rights.

IN THE DISTRICT COURT OF [________________________________] COUNTY, NEBRASKA

Case No.: [____] CI [____] - [________]

[________________________________], Petitioner

v.

[________________________________], Respondent

ARTICLE I: PARTIES AND CHILDREN

1.1 Parties

Custodial Parent: [________________________________], residing at [________________________________], [________________________________] County, Nebraska [________]

Non-Custodial Parent: [________________________________], residing at [________________________________], [________________________________] County, Nebraska [________]

1.2 Children

1.3 Basis for Sole Custody

Sole custody to the Custodial Parent serves the best interests of the children based on:

☐ The inability of the parents to cooperate in shared decision-making
☐ A history of domestic intimate partner abuse as defined in Neb. Rev. Stat. § 42-903 (rebuttable presumption under § 43-2932(2) applies)
☐ Substance abuse or addiction issues affecting the Non-Custodial Parent
☐ Geographic distance between the parents' residences
☐ Mental health conditions affecting the Non-Custodial Parent's parenting capacity
☐ Incarceration of the Non-Custodial Parent
☐ Abandonment or prolonged absence by the Non-Custodial Parent
☐ Finding of child abuse or neglect involving the Non-Custodial Parent
☐ The Non-Custodial Parent is a registered sex offender (§ 43-2933 limitations apply)
☐ Other: [________________________________]

1.4 Parenting Act Compliance

☐ Both parties have completed the mandatory basic-level parenting education course (§ 43-2928) and filed certificates with the court.

☐ Safety screening has been completed under Neb. Rev. Stat. § 43-2927.

☐ The Parenting Act Information Sheet (§ 43-2926) has been provided to both parties.

☐ This is a stipulated agreement and does not require mediation referral under § 43-2937.

☐ Mediation or specialized ADR has been completed or waived by the court (if applicable).

ARTICLE II: SOLE LEGAL CUSTODY

2.1 Sole Legal Custody Designation

The Custodial Parent shall have sole legal custody of the children and exclusive authority to make all major decisions regarding the children's welfare, including:

(a) Education -- school enrollment, school choice, special education services, tutoring, and educational testing
(b) Healthcare -- selection of physicians, dentists, and specialists; authorization of non-emergency medical, dental, surgical, and orthodontic treatment; vaccination decisions
(c) Mental health -- counseling, therapy, psychiatric care, and medication management
(d) Religious upbringing -- religious education, church membership, and participation in religious activities
(e) Extracurricular activities -- sports, clubs, camps, lessons, and organized activities
(f) Travel -- authorization for domestic and international travel, passport applications
(g) Legal matters -- consent to legal proceedings, name changes, or other legal actions involving the children

2.2 Consultation with Non-Custodial Parent

The Custodial Parent:

☐ Is encouraged, but not required, to consult with the Non-Custodial Parent regarding major decisions.

☐ Shall inform the Non-Custodial Parent of major decisions within [____] days of making them, and shall provide relevant documentation upon request.

☐ Shall consult with the Non-Custodial Parent regarding the following specific decisions before acting (even though final authority rests with the Custodial Parent): [________________________________]

2.3 Emergency Decisions

In any emergency threatening the children's health or safety, the parent present shall take all necessary action. The Custodial Parent shall notify the Non-Custodial Parent within twenty-four (24) hours of any emergency involving the children.

2.4 Day-to-Day Decisions

Each parent shall make routine daily care decisions during their respective parenting time, consistent with the Custodial Parent's major decisions and the terms of this Agreement. Routine decisions include meals, bedtimes, homework, daily activities, and age-appropriate discipline.

ARTICLE III: SOLE PHYSICAL CUSTODY

3.1 Primary Residence

The children shall reside primarily with the Custodial Parent at [________________________________].

The Custodial Parent's address shall be the children's legal residence for school enrollment, voter registration (when applicable), and all other purposes.

3.2 Non-Custodial Parent Parenting Time

Nebraska uses the term "parenting time" under the Parenting Act rather than "visitation." The Non-Custodial Parent shall have the following parenting time:

Select one:

☐ Schedule A -- Standard Parenting Time:

• Alternating weekends: Friday at [____] to Sunday at [____]
• One midweek period: [________________________________] (day) from [____] to [____]
• Extended summer: [____] weeks of parenting time during summer vacation, with at least thirty (30) days' written notice
• Alternating holidays per the schedule in Section 3.4

☐ Schedule B -- Expanded Parenting Time:

• Alternating weekends: Friday after school to Monday morning school drop-off
• Two midweek overnights: [________________________________] after school to [________________________________] morning school drop-off
• Extended summer: [____] weeks, which may be consecutive, with at least forty-five (45) days' written notice
• Alternating holidays per the schedule in Section 3.4

☐ Schedule C -- Supervised Parenting Time (when safety concerns exist under § 43-2932):

• Frequency: [________________________________]
• Duration: [________________________________]
• Location: ☐ Supervised visitation center: [________________________________] ☐ In the presence of: [________________________________]
• Conditions: [________________________________]
• Review of supervision requirement: The parties agree (or the court orders) that supervision shall be reviewed every [____] months, and may be modified upon demonstration of: [________________________________]

☐ Schedule D -- Restricted/No Contact:
Pursuant to Neb. Rev. Stat. § 43-2932, the Non-Custodial Parent's contact with the children is:
☐ Suspended pending completion of: [________________________________]
☐ Limited to: [________________________________]

☐ Schedule E -- Custom Schedule:
[________________________________]

3.3 Exchange Details

Exchange location: [________________________________]
(Options: children's school, Custodial Parent's residence, public location, supervised exchange facility)

Transportation: ☐ Non-Custodial Parent provides all transportation ☐ Custodial Parent provides all transportation ☐ Receiving parent picks up ☐ Other: [________________________________]

3.4 Holiday and Special Occasion Schedule

Holidays and special occasions supersede the regular parenting time schedule:

Fixed holidays (every year):

• Mother's Day: Children with mother, Saturday 9:00 AM to Sunday 7:00 PM
• Father's Day: Children with father, Saturday 9:00 AM to Sunday 7:00 PM
• Each child's birthday: ☐ Alternating ☐ Non-scheduled parent receives [____] hours ☐ Shared celebration

3.5 School Attendance

Pursuant to Neb. Rev. Stat. § 43-2929(1)(d), both parents shall ensure the children attend school regularly and on time during their respective parenting time. The Non-Custodial Parent shall return the children in time for school and shall cooperate with homework and school project completion.

3.6 Vacation and Travel

The Non-Custodial Parent may travel with the children within the State of Nebraska without prior written approval. Travel outside of Nebraska requires:

☐ Written notice to the Custodial Parent at least [____] days in advance, including itinerary, destination, and contact information.

☐ Written consent of the Custodial Parent for out-of-state travel.

☐ Court approval for international travel; the Custodial Parent shall retain the children's passports.

ARTICLE IV: COMMUNICATION

4.1 Parent-to-Child Communication

The Custodial Parent shall facilitate reasonable telephone and/or video communication between the Non-Custodial Parent and the children:

• Frequency: [________________________________]
• Preferred time: [________________________________]
• Method: ☐ Telephone ☐ Video call ☐ Either

Neither parent shall monitor, record, or restrict the children's private communications with the other parent, except as age-appropriate for very young children.

4.2 Parent-to-Parent Communication

Parents shall communicate regarding the children through: ☐ telephone ☐ text ☐ email ☐ co-parenting app ([________________________________])

The Custodial Parent shall notify the Non-Custodial Parent within twenty-four (24) hours of any emergency, serious illness, hospitalization, injury, or incident involving law enforcement regarding the children.

4.3 Information Access

The Non-Custodial Parent shall have the right to:

(a) Access school records, report cards, and progress reports directly from the school
(b) Access medical, dental, and mental health records directly from providers
(c) Be listed as an emergency contact at schools and with healthcare providers
(d) Attend school events, parent-teacher conferences, and extracurricular activities
(e) Receive notice of the children's activities and events

The Custodial Parent shall provide copies of report cards and significant medical information to the Non-Custodial Parent within fourteen (14) days.

4.4 Non-Disparagement

Neither parent shall make negative or disparaging remarks about the other parent, the other parent's family, or the other parent's household in the children's presence or hearing. Neither parent shall discuss court proceedings, support payments, or adult conflicts with the children.

4.5 Change of Address Notification

Pursuant to Neb. Rev. Stat. § 43-2929(1)(e), each parent shall notify the other of a change of address. If a parent is living or moving to an undisclosed location due to safety concerns, the notice shall include only county and state.

ARTICLE V: RELOCATION

5.1 Custodial Parent Relocation

Under Neb. Rev. Stat. § 42-364(4), if the Custodial Parent intends to relocate the children's principal residence to another state, or to a location within Nebraska that would materially impact the Non-Custodial Parent's parenting time, the Custodial Parent shall provide written notice at least sixty (60) days before the intended move. The notice shall include the new address, reason for the move, and proposed revised parenting time schedule.

5.2 Relocation Standard

Relocation shall be evaluated under the Farnsworth v. Farnsworth, 257 Neb. 242 (1999), factors: (a) each parent's motives for seeking or opposing the move; (b) the potential for enhancing quality of life for the children and the relocating parent; and (c) the impact on the Non-Custodial Parent's relationship with the children.

5.3 Objection

If the Non-Custodial Parent objects to the proposed relocation, the children shall not be relocated until the parents reach written agreement or the District Court enters an order. Either parent may file a Complaint for Modification (Nebraska Judicial Branch Form DC 6:15.3).

ARTICLE VI: SAFETY PROVISIONS

6.1 Domestic Intimate Partner Abuse (§ 43-2932)

☐ No findings or allegations of domestic intimate partner abuse apply to this case.

☐ The court has found, or the parties acknowledge, that domestic intimate partner abuse has occurred. Under Neb. Rev. Stat. § 43-2932(2), there is a rebuttable presumption that custody with the abusive parent is not in the best interests of the child. The following additional protections are included in this Agreement:

(a) ☐ Supervised parenting time at: [________________________________]
(b) ☐ No overnight parenting time
(c) ☐ Completion of a certified batterer's intervention program required before unsupervised contact
(d) ☐ Exchange of children through a neutral third party: [________________________________]
(e) ☐ No direct contact between parents; all communication through [________________________________]
(f) ☐ Active protection order, Case No. [________________________________], which takes precedence over any conflicting provision in this Agreement
(g) ☐ Other: [________________________________]

6.2 Registered Sex Offender (§ 43-2933)

☐ Not applicable.

☐ Neb. Rev. Stat. § 43-2933 limitations apply. The Non-Custodial Parent is subject to: [________________________________]

6.3 Substance Use

The Non-Custodial Parent shall not consume alcohol to the point of impairment or use illegal substances during parenting time or within twelve (12) hours prior to parenting time.

☐ The Non-Custodial Parent shall submit to random drug/alcohol testing as follows: [________________________________]

6.4 Firearms Safety

All firearms in either parent's home shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the children.

ARTICLE VII: DISPUTE RESOLUTION

7.1 Good-Faith Communication

Parents shall first attempt to resolve disagreements through direct, respectful communication.

7.2 Mediation

If good-faith communication fails, the parents shall participate in mediation before filing any motion with the court. However, if domestic intimate partner abuse has been identified, specialized alternative dispute resolution under § 43-2938 to 43-2943 shall be used, or mediation may be waived. Mediation costs shall be allocated: ☐ equally ☐ proportionally ☐ as ordered by the court.

7.3 Court Intervention

Unresolved disputes shall be submitted to the District Court of [________________________________] County, Nebraska.

7.4 Enforcement and Contempt

Willful violation of this Agreement or the court order incorporating it may result in contempt proceedings, make-up parenting time, attorney's fees, modification of custody, or other relief.

ARTICLE VIII: MODIFICATION

8.1 Standard for Modification

Under Neb. Rev. Stat. § 42-364, modification of custody requires proof of: (a) a material change in circumstances since the entry of the current order; and (b) that the proposed modification is in the best interests of the children under § 43-2923.

8.2 Modification of Supervised Parenting Time

If supervised parenting time has been ordered, the Non-Custodial Parent may petition for modification upon demonstrating completion of required programs, sustained compliance, and changed circumstances warranting less restrictive parenting time.

8.3 Voluntary Modification

The parties may agree to modifications in writing. Any modification affecting legal custody, physical custody, or the parenting time schedule must be approved by the court and incorporated into an amended parenting plan.

ARTICLE IX: FINANCIAL PROVISIONS

9.1 Health Insurance

☐ Custodial Parent ☐ Non-Custodial Parent shall maintain health, dental, and vision insurance for the children.

9.2 Unreimbursed Medical Expenses

Expenses not covered by insurance shall be allocated: ☐ equally ☐ Custodial Parent [____]% / Non-Custodial Parent [____]% ☐ entirely to [________________________________]

The parent incurring the expense shall provide documentation within thirty (30) days; the other parent shall reimburse within thirty (30) days.

9.3 Child Support

Child support is determined separately under the Nebraska Child Support Guidelines (Neb. Rev. Stat. § 42-364.16 et seq.) and is: ☐ addressed in a separate order ☐ agreed to in the amount of $[________________________________] per month payable by [________________________________].

9.4 Tax Dependency

☐ Custodial Parent claims all children.
☐ Parents alternate: [________________________________]
☐ Other: [________________________________]

ARTICLE X: EXECUTION

The undersigned have read this Agreement, understand its terms, and agree that sole custody to the Custodial Parent and the parenting time provisions herein serve the best interests of the children under Neb. Rev. Stat. § 43-2923.

Custodial Parent:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Non-Custodial Parent:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

VERIFICATION

STATE OF NEBRASKA )
) ss.
COUNTY OF [________________________________] )

The undersigned, being duly sworn, states that the information in this Sole Custody Agreement is true and correct to the best of their knowledge.

Signature: _________________________________
Date: [__/__/____]

Subscribed and sworn to before me this [____] day of [________________], 20[____].

_________________________________
Notary Public
My Commission Expires: [__/__/____]

COURT APPROVAL

ORDER

The Court, having reviewed this Sole Custody Agreement and finding that it serves the best interests of the child(ren) under Neb. Rev. Stat. § 43-2923, complies with § 43-2929, and satisfies all Parenting Act requirements:

HEREBY APPROVES this Agreement and ORDERS that it be incorporated into the parenting plan in this case.

☐ The court makes the following special written findings pursuant to § 43-2932(3): [________________________________]

IT IS SO ORDERED this [____] day of [________________], 20[____].

_________________________________
Judge, District Court
[________________________________] County, Nebraska

SOURCES AND REFERENCES

• Neb. Rev. Stat. § 42-364 (custody determination, sole custody, modification)
• Neb. Rev. Stat. § 43-2920 to 43-2943 (Nebraska Parenting Act)
• Neb. Rev. Stat. § 43-2923 (best interests of the child)
• Neb. Rev. Stat. § 43-2929 (mandatory parenting plan)
• Neb. Rev. Stat. § 43-2932 (domestic violence rebuttable presumption)
• Neb. Rev. Stat. § 43-2933 (registered sex offender restrictions)
• Neb. Rev. Stat. § 43-2928 (mandatory parenting education)
• Neb. Rev. Stat. § 43-2937 to 43-2943 (mediation and specialized ADR)
• Farnsworth v. Farnsworth, 257 Neb. 242, 597 N.W.2d 592 (1999) (relocation)
• Nebraska Judicial Branch Forms: https://nebraskajudicial.gov
• Nebraska Judicial Branch Form DC 6:15.3 (Complaint for Modification)