NEBRASKA Part 59

Joint Legal Custody can be ordered only if the judge decides it is in the best interests of the children. Joint Legal Custody means the parents should mutually share in the important decisions regarding their children, and many parents do that anyway.

Sometimes parents will share Joint Legal Custody, but one parent will have sole or primary Physical Custody. In these situations, the children live with the custodial parent, have visitation (or Parenting Time) with the non-custodial parent, and the non-custodial parent pays child support. These situations are not much different than cases where the parents do not have any type of Joint Custody. The only difference is that the parents are subject to a court order that requires them to jointly share in decisions affecting their children. Both parents are required to consult with each other, but in the event of a disagreement the parent who provides the primary residence gets to make the decision.