NEBRASKA Part 45

A judge cannot give the mother custody just because the judge thinks children belong with their mother. He cannot give the father custody just because the father makes a lot more money than the mother. The judge listens to all that is said at the hearing. This could include reports from a psychologist. If the children are older (usually at least 12, but the children may be younger), the judge might ask them with whom they wish to live. After listening to everything, the judge must decide what is best for the children. The activities of the parent are not always considered unless they have an effect on the children. So, don't think you'll automatically lose your children if you have had an extramarital affair. Be sure to talk to your lawyer about it, however.