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Nebraska Family Court: Custody and Parenting-Time Guide

Plain-language Nebraska information for a custody or parenting-time route, including filing, official forms, free help, fee waivers, and legal-cost context.

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This page provides general legal information, not legal advice. State law, court rules, forms, and local procedures can change. Confirm current requirements with the court handling the case.

State laws, court rules, and forms can change. Automated link checks will run every week once the monitoring job is deployed. Please check each cited source before relying on it. Report a broken link or changed law.

Find the right family court

The custody or parenting-time route described in this guide is handled through the Nebraska District Courts. Other family-law matters can follow a different court or procedure.

Find the court for your area.

  • The Nebraska Judicial Branch modification instructions direct this selected route to the clerk of the district court in the county where the original order was entered.Sources:Modification of Custody or Parenting Plan

How Nebraska courts decide custody

Nebraska law requires custody and parenting arrangements to serve the child's best interests, including safety, health, stability, care, school attendance, and the applicable statutory factors.Sources:Nebraska Revised Statute 43-2923

  • The statutory best-interests factors include the child's relationship with each parent, the child's soundly reasoned wishes when appropriate, health, welfare and social behavior, and credible evidence of abuse or neglect.Sources:Nebraska Revised Statute 43-2923

Key legal sources

Parenting time

In a proceeding where parenting functions are at issue, Nebraska law requires a parenting plan developed and approved by the court; if one is not submitted, the court creates it under the Parenting Act.Sources:Nebraska Revised Statute 43-2929

  • A parenting plan must address legal and physical custody, parenting time or other access, transition arrangements, decision-making procedures, safety, and other listed statutory matters.Sources:Nebraska Revised Statute 43-2929

Key legal sources

How to file

This draft is limited to the Nebraska Judicial Branch's simple, agreed modification of an existing custody or parenting plan, filed in the District Court that entered the original order. It does not cover an original custody or parentage case, a contested modification, dissolution, enforcement, emergency or protection-order matter, third-party custody, interstate or tribal case, or a requested child-support change.Sources:Modification of Custody or Parenting Plan

  1. Confirm that the simple agreed modification route fits

    The official instructions say this form set is for a simple modification where both parties agree to change custody or the parenting plan. Confirm the original order, the correct District Court, and any local rule before using this selected route.Sources:Modification of Custody or Parenting Plan

  2. Use the current Nebraska Judicial Branch modification forms

    File the Complaint for Modification of Custody or Parenting Plan (DC 6:15.3) with the Confidential Employment and Health Insurance Information form, the Social Security Numbers, Gender and Birth Date(s) form, and the Registration of E-mail Address for Self Represented Litigant (DC 3:01). The worksheet is not filed or required. A fee-waiver application is conditional on a fee request, and child-support materials are outside this no-support-change route.Sources:Modification of Custody or Parenting Plan, Modification of Custody or Parenting Plan Forms and Instructions

  3. Confirm service and final-hearing requirements locally

    Give the other parent a copy of the Complaint and have them sign and file the Voluntary Appearance (DC 6:4.3); a summons is an alternative only if that does not happen. The guide says the response period begins after service or filing of the Voluntary Appearance and that no final hearing may be requested until 30 days pass. Ask the clerk for a hearing date and local notice timing, then file the Notice of Hearing and Certificate of Service (DC 6:4.5). Bring the jointly signed current Parenting Plan that fits the agreed arrangement (DC 6:5.37, DC 6:5.38, or DC 6:5.39) and completed Order for Modification (DC 6:15.8); the sample hearing script is optional. Local education or mediation requirements remain matters to confirm with the District Court.Sources:Modification of Custody or Parenting Plan

Official forms

Open the official forms portal.

Free court self-help

Find court self-help near you.

  • Legal Aid of Nebraska

    Area served: Seven offices serving all 93 Nebraska counties.

    Provides information, referrals, advice, self-help services, and representation to qualifying low-income individuals with civil legal issues; its family-law information includes custody and child support.Sources:Legal Aid of Nebraska

    Eligibility: Assistance depends on the person's situation, legal issue, and Legal Aid of Nebraska resources.

  • NE Free Legal Answers

    Area served: Nebraska residents who meet the service's stated eligibility requirements.

    A free online civil-legal-advice clinic where qualifying people can ask a volunteer lawyer a question.Sources:Legal Resources and Information

    Eligibility: The Judicial Branch page says users must be at least 18, reside in Nebraska, not be incarcerated, and meet household income and asset poverty guidelines.

Fee waivers

Nebraska law allows a county or state court to authorize a civil case to proceed in forma pauperis when an application includes the required affidavit information.Sources:Nebraska Revised Statute 25-2301.01

Who may qualify

  • The affidavit must state inability to pay fees, costs, or required security, the nature of the matter, and the applicant's belief that they are entitled to redress.Sources:Nebraska Revised Statute 25-2301.01

What to do

  1. Use the current in-forma-pauperis forms if a fee request is needed

    The official modification forms page lists the application, instructions, proposed order, and a modification fee guide. Confirm the handling court's current process and any local requirements.Sources:Modification of Custody or Parenting Plan Forms and Instructions

Official fee-waiver forms

Key statute or rule

Attorney cost benchmark

Lawyer fees vary by county, experience, services, and the facts of a case. This state benchmark is context for planning, not a quote.

State and local details to confirm

  • The selected Nebraska modification guidance says local District Court rules may apply, and it identifies possible parenting education, mediation, and county-specific processes.Sources:Modification of Custody or Parenting Plan

Part of Family Law in Your State.