Can a Parent Force Conversion Therapy in Nebraska? Understanding Custody, LGBTQ+ Rights, and Child Protection

Conversion therapy remains one of the most harmful and controversial practices affecting LGBTQ+ youth. While Nebraska has not yet banned it statewide, it increasingly arises in family court when parents disagree about how to support an LGBTQ+ child. These disputes often determine not only custody arrangements but also a child’s emotional safety and long-term well-being. This article explains how conversion therapy fits into Nebraska custody law, what legal protections exist for LGBTQ+ youth, and how courts may respond when parents fundamentally disagree about a child’s identity. As both a Nebraska family law attorney and a survivor of conversion therapy, I approach this issue with deep personal and professional understanding.

Can a Parent Force Conversion Therapy in Nebraska?

Nebraska law does not currently ban conversion therapy statewide. However, courts can intervene in custody cases if a parent’s actions—such as forcing conversion therapy—are shown to harm a child’s emotional or mental health.

In these situations, the court applies the “best interests of the child” standard under Neb. Rev. Stat. § 43-2923, which allows judges to consider any conduct that impacts a child’s physical or psychological well-being.

What Is Conversion Therapy and Why Is It Harmful?

Conversion therapy refers to any practice that attempts to change or suppress a person’s sexual orientation or gender identity. The American Psychological Association, American Academy of Pediatrics, and every major health organization have condemned it as ineffective and dangerous. Research links conversion therapy to depression, anxiety, PTSD, and suicidal ideation among minors.

How Custody Law Addresses LGBTQ+ Issues in Nebraska

Under Neb. Rev. Stat. § 43-2923, courts determine custody and parenting time using the best interests of the child standard, which includes consideration of emotional health, stability, and safety.

When parents disagree about how to support an LGBTQ+ child, courts can evaluate:

• Whether a parent’s behavior causes emotional distress or psychological harm

• Expert testimony from mental health professionals regarding the effects of non-affirming parenting or conversion efforts

• The child’s own wishes, if mature enough to express them

• A parent’s demonstrated ability to meet the child’s emotional needs

While both parents typically have equal rights, Nebraska courts may limit or modify custody if one parent’s actions are proven harmful to the child’s mental health.

Conversion Therapy as Emotional Abuse

Nebraska law defines emotional abuse as a pattern of coercive or threatening behavior that causes fear, humiliation, or emotional harm.

Although the statute doesn’t explicitly reference conversion therapy, practices that involve coercion, shaming, or efforts to “correct” a child’s identity can meet this definition in certain contexts.

Judges are empowered to treat such conduct as contrary to the child’s best interests—similar to how they would handle other forms of psychological harm or neglect.

Legal Tools to Protect LGBTQ+ Youth in Custody Cases

Even without a statewide ban, Nebraska law provides mechanisms to protect children from harmful practices:

• Parenting Plans: Parents can include explicit terms affirming the child’s identity, pronouns, and access to supportive therapy or healthcare.

• Therapeutic Testimony: Mental health professionals who specialize in LGBTQ+ care can testify about the risks of non-affirming environments.

• Guardian ad Litem (GAL): Courts can appoint a GAL familiar with LGBTQ+ issues to advocate for the child’s best interests.

• Court Restrictions: Judges may restrict a parent’s authority to expose the child to conversion therapy or other harmful interventions.

These strategies help center the child’s mental and emotional well-being, which remains the cornerstone of Nebraska custody law.

Frequently Asked Questions (FAQ)

Can a parent force a child into conversion therapy?

There is no explicit ban, but courts can intervene if the therapy is shown to harm the child’s mental health. Under the best interests standard, psychological harm can justify restricting a parent’s custody or decision-making authority.

Does a parent’s stance on LGBTQ+ issues affect custody?

Yes. A parent’s refusal to affirm or attempts to change a child’s identity can be considered emotionally harmful, and courts may modify custody or parenting time accordingly.

What should I do if my co-parent supports conversion therapy?

You can seek a modification of custody or parenting plan based on the child’s best interests. Evidence from licensed therapists, schools, and child advocates can strengthen your case.

What’s happening nationally with conversion therapy laws?

The U.S. Supreme Court is currently reviewing a challenge to Colorado’s conversion therapy ban, a case that could affect similar laws nationwide.

Advocacy and Legal Reform in Nebraska

While Nebraska continues to debate banning conversion therapy, family law attorneys and judges can already protect LGBTQ+ youth through existing statutes. The key is reframing these disputes around child welfare, not ideology.

Legal recognition that conversion therapy constitutes emotional abuse is growing, even in states without bans. With informed advocacy, Nebraska families can safeguard their children while pushing for broader legislative change.

Talk to a Nebraska Family Law Attorney Who Understands

If you’re navigating a custody dispute involving an LGBTQ+ child—or you’re concerned about conversion therapy being used against your child—you don’t have to face it alone.

At Zachary W. Anderson Law, we combine legal expertise with lived experience to advocate for the dignity and safety of every child. Our firm represents Nebraska families with compassion, clarity, and unwavering commitment to protecting LGBTQ+ youth.