Can My Ex Choose Conversion Therapy for Our Child in Nebraska After the 2026 Supreme Court Ruling?

Usually not, if you share joint legal custody and your parenting plan does not give either parent final authority over major health decisions. In Nebraska, legal custody is the part of custody that covers fundamental decisions about a child’s welfare, including health, while physical custody is about where the child lives and parenting time. That means the real starting point is not a headline or a social media post. It is your decree, your parenting plan, and any language about sole legal custody, joint legal custody, tie-breaking authority, or decision-making for health care. The recent U.S. Supreme Court decision in Chiles v. Salazar did matter, but not in the sweeping way some summaries suggest. The Court decided a narrow, as-applied First Amendment challenge involving Colorado’s law as applied to a licensed counselor’s talk therapy, held that the law regulated speech based on viewpoint in that setting, and sent the case back to the lower courts. It did not decide who gets to choose a child’s counseling in a Nebraska divorce, custody, or paternity case. As of this writing, I have not found an enacted statewide Nebraska statute banning conversion therapy, while the Nebraska Legislature lists LB367 as a carryover bill and Lincoln’s municipal code currently includes Chapter 11.09, Youth Mental Health Protection. So the practical Nebraska questions are still the ones families actually live with: who has legal custody, whether the proposed treatment is significant or ongoing, whether the child is old enough for the court to consider the child’s wishes, whether mediation or specialized ADR may be required, and whether this is serious enough to justify enforcement or modification. I write about this not only as a Nebraska family law attorney, but also as a conversion therapy survivor. That is exactly why I think people deserve a careful, plain-English answer instead of overstated claims from either side. 

Can my ex choose conversion therapy for our child without my permission in Nebraska?

Usually not, if you share joint legal custody and your order does not give either parent final authority over major health decisions. In Nebraska, Neb. Rev. Stat. § 43-2922 defines joint legal custody as shared authority over fundamental decisions about a child’s welfare, including education and health, and Neb. Rev. Stat. § 42-364 requires those custody decisions to be reflected in a parenting plan. 

That does not mean every disagreement about every counselor automatically becomes a court fight. But significant, ongoing, or highly controversial counseling or mental-health treatment will often be treated as a legal-custody issue because Nebraska law frames legal custody around major health decisions, and parenting plans are supposed to address legal custody, physical custody, and decision-making procedures. In everyday language, the safest answer is order-specific, not slogan-specific. 

Nebraska appellate authority also supports being careful about unilateral major decisions. The Nebraska Legislature’s official annotations to § 43-2922 note that in Vyhlidal v. Vyhlidal, the Nebraska Supreme Court treated a unilateral school change under joint legal custody as a potentially willful violation when neither parent had exclusive final decision-making authority. That case was about school, not therapy, but the practical takeaway is the same: if the order requires shared decision-making, acting first and explaining later can create a real problem. 

What did the Supreme Court actually decide in Chiles v. Salazar?

Not as much as many headlines suggest. Chiles v. Salazar was a narrow, as-applied First Amendment ruling about Colorado’s law as applied to a licensed counselor’s talk therapy, and the Court reversed and remanded for further proceedings. 

The opinion itself says the Court granted review to address how the First Amendment interacts with laws like Colorado’s when they are applied to talk therapy. The Court’s syllabus states that Colorado’s law, as applied to Ms. Chiles’s talk therapy, regulated speech based on viewpoint, and the opinion also emphasizes that the question before the Court was narrow because Ms. Chiles did not challenge Colorado’s ability to prohibit what she called aversive physical interventions. 

So Chiles is important, but it is not a Nebraska custody ruling. It did not decide who gets final say under a Nebraska parenting plan, and it did not automatically repeal every local ordinance touching the same subject. 

Does Nebraska currently ban conversion therapy statewide or in Lincoln?

I have not found an enacted statewide Nebraska statute banning conversion therapy. The Nebraska Legislature currently lists LB367, a bill that would prohibit conversion therapy and provide for disciplinary sanctions and a deceptive trade practice, as a carryover bill. 

Lincoln is different. Lincoln’s municipal code currently includes Chapter 11.09, “Youth Mental Health Protection,” and a section titled 11.09.020, “Prohibition of Sexual Orientation or Gender Identity Change Efforts.” 

That means Nebraska readers should be careful not to assume either that the practice is banned statewide or that every Nebraska location is starting from the same legal place. I also would not treat Chiles as having automatically wiped Lincoln’s chapter off the books. In my view, Chiles puts more constitutional pressure on speech-based restrictions like Lincoln’s, but that is still a prediction about likely constitutional litigation, not a current Nebraska ruling on Lincoln’s ordinance. 

Why does the actual parenting plan matter more than the headline?

Because Nebraska custody law is decree-specific. Neb. Rev. Stat. § 42-364 requires custody determinations to be incorporated into a parenting plan, and Neb. Rev. Stat. § 43-2929 says a parenting plan must address legal custody, physical custody, and procedures for day-to-day and future decision-making. 

That is why the first thing I would want to see is not a news clip. It is the decree, the parenting plan, and any paragraph about legal custody, provider choice, consultation, dispute resolution, or final authority in health matters. Parents can both say “I have custody” and still be talking about two very different things under Nebraska law. 

What if one parent has sole legal custody or final authority over health decisions?

Then the answer can change quickly. The Nebraska Judicial Branch’s custody forms explain that sole legal custody means one parent has authority over fundamental welfare decisions, including education and health, so a parent with sole legal custody usually begins with stronger authority to choose a child’s counselor or treatment approach. 

Even then, the other parent is not automatically shut out of information. Neb. Rev. Stat. § 42-381 says that each parent generally keeps full and equal access to the child’s medical and education records unless the court orders otherwise, and either parent may make emergency decisions affecting the child’s health or safety while the child is in that parent’s physical custody. In plain English, record access and emergency decision-making are not the same thing as long-term final authority. 

What would a Nebraska judge look at if parents fight about this?

A Nebraska judge would look at the child’s best interests, not whichever parent has the stronger talking point. Neb. Rev. Stat. § 43-2923 requires a parenting arrangement that supports the child’s safety, emotional growth, health, and stability, and it specifically directs courts to consider the child’s relationship with each parent, the child’s wishes if the child is mature enough and acting on sound reasoning, the child’s general health, welfare, and social behavior, and credible evidence of abuse or neglect. 

That means therapy disputes rarely stay abstract. Courts are more likely to care about the child’s actual functioning, the provider’s role, the history of treatment, the parents’ ability to communicate, and whether the current custody structure is still workable for this child. Nebraska law also instructs courts to consider whether continued communication and joint decisions are in the child’s best interests when parenting functions need to be shared. 

If the child is a teenager, the child’s voice can matter, but it is not automatic and it is not controlling. Nebraska law allows the court to consider the wishes of a child who is of an age of comprehension and whose preference is based on sound reasoning, and the Legislature’s official annotations make clear that a mature child’s preference is entitled to consideration, not blind acceptance. 

Will Nebraska courts require mediation or specialized ADR first?

Often yes, but not always. Under Neb. Rev. Stat. § 43-2937, a court may refer a case to mediation or specialized ADR at any time, and parties who have not submitted a parenting plan within the time set by the court generally must participate unless the court waives that requirement for good cause. 

Neb. Rev. Stat. § 42-364 also says parenting-plan modification actions are to be referred to mediation or specialized ADR as provided in the Parenting Act. The Nebraska Judicial Branch’s modification page likewise warns that in a modification case you may have to go to mediation, and it notes that some counties, including Douglas County, can have additional local steps before a final hearing. That is why timelines and procedures should always be confirmed with the court or a Nebraska lawyer. 

What should I gather before mediation or filing?

Start with the paper that controls the case and the records that show what has actually happened. In Nebraska, custody and parenting disputes turn heavily on the decree, the parenting plan, and the evidence that shows what changed and why. 

The most useful documents are usually these:

• The current decree, paternity order, or modification order

• The full parenting plan, including any addenda

• Any paragraph addressing legal custody, health decisions, consultation, or tie-breaking authority

• Provider names, referral information, appointment dates, and written recommendations

• Emails, texts, or portal messages showing agreement, objection, or proposed alternatives

• A short timeline of what changed, when it changed, and how it affected the child

Also, do not make things harder by violating the order in the name of being right. Withholding parenting time, hiding information, or making unilateral changes without reading the decree first can turn one dispute into several.

How could this play out in real Nebraska families?

The same issue can look very different depending on the order. Here are two generalized, anonymized examples to show how Nebraska law would usually approach the problem.

What happens if Lincoln parents share joint legal custody and one parent acts alone?

Generalized/anonymized scenario: divorced parents in Lincoln share joint legal custody, neither parent has final authority over major health decisions, and one parent unilaterally arranges significant ongoing counseling aimed at changing the child’s sexual orientation or gender identity. In that situation, the likely Nebraska starting points are the joint-legal-custody language, the best-interests factors, the provider information, and whether the court will require mediation or specialized ADR before the dispute is litigated. Lincoln’s code adds a local wrinkle because Chapter 11.09 currently remains in the municipal code, but Chiles does not by itself answer whether Lincoln’s ordinance would be upheld if challenged. 

What if a paternity order gives one parent sole legal custody?

Generalized/anonymized scenario: parents were never married, the paternity order gives one parent sole legal custody, and the other parent objects to the counselor chosen for the child. In that situation, the parent with sole legal custody usually starts with stronger authority because Nebraska forms define sole legal custody as the authority to make fundamental decisions about the child’s welfare, including health. But the other parent generally still has equal access to medical records unless the court orders otherwise, and if the dispute reflects a material change in circumstances affecting the child’s best interests, that parent can consider a complaint to modify rather than simply arguing at exchanges. 

FAQ: What else are Nebraska parents asking about this?

Can my ex put our child in conversion therapy without my permission in Nebraska?

Usually not, if you share joint legal custody and the order does not give either parent final authority over major health decisions. The safer Nebraska answer always starts with the decree and parenting plan, because legal custody is the part that controls fundamental health decisions. 

Does joint legal custody mean we both have to agree on counseling?

Often yes for significant, ongoing, or controversial counseling or mental-health treatment, because Nebraska defines joint legal custody around shared authority over fundamental decisions about a child’s welfare, including health. The precise answer still depends on what your order says and how substantial the proposed treatment is. 

Does physical custody give me final say on therapy?

Usually no. Physical custody is about the child’s residence and parenting time, while legal custody is about major decisions like health and education. 

What if my parenting plan gives one parent final authority?

Then that language matters a lot. Nebraska custody decisions live in the parenting plan, and a parent with sole legal custody or clearly assigned decision-making authority usually starts with stronger power to choose treatment. 

Did the Supreme Court say conversion therapy is medically valid or approved?

No. Chiles v. Salazar was a First Amendment decision about Colorado’s law as applied to a licensed counselor’s talk therapy, and the Court reversed and remanded for further proceedings. 

Is conversion therapy banned statewide in Nebraska?

As of this writing, I have not found an enacted statewide Nebraska statute banning conversion therapy. The Nebraska Legislature currently lists LB367, the bill that would do that, as a carryover bill. 

Is there still a Lincoln ordinance on the books?

Yes. Lincoln’s municipal code currently includes Chapter 11.09, “Youth Mental Health Protection,” and section 11.09.020, “Prohibition of Sexual Orientation or Gender Identity Change Efforts.” Chiles did not automatically repeal that chapter, even if it may affect future constitutional challenges to it. 

Will a Nebraska judge consider what my teenager wants?

Yes, sometimes. Neb. Rev. Stat. § 43-2923 allows the court to consider the wishes of a child who is of an age of comprehension and whose preference is based on sound reasoning, but the child’s preference is not automatically controlling. 

Do we have to mediate before the court hears this?

Often, but not always. Nebraska courts may refer parenting disputes to mediation or specialized ADR, and in some circumstances the Parenting Act requires it unless the court waives that requirement for good cause. 

Can this issue come up in a paternity case too?

Yes. The Nebraska Judicial Branch says paternity cases also require a written parenting plan addressing legal custody, physical custody, and parenting time, and mediation may be required if the parents cannot agree. 

Can I still get my child’s medical records if I do not have primary custody?

Usually yes. Neb. Rev. Stat. § 42-381 says each parent generally keeps full and equal access to the child’s medical and education records unless the court orders otherwise. 

What counts as an emergency decision in Nebraska?

Nebraska law allows either parent to make emergency decisions affecting the child’s health or safety while the child is in that parent’s physical custody. That emergency rule is narrow, and it does not rewrite the long-term legal-custody arrangement in your decree. 

Can I modify custody or the parenting plan over a therapy dispute?

Possibly, but usually not just because you disagree. The Nebraska Judicial Branch explains that parenting plans may be modified for a material change in circumstances, and the court must also find the proposed change is in the child’s best interests. 

What should I bring to a consultation with a Nebraska family lawyer?

Bring the decree or paternity order, the parenting plan, provider information, written recommendations, communications with the other parent, and a short timeline of what changed. That gives your lawyer enough to help you evaluate negotiation, mediation, enforcement, or modification. 

If this issue is live in your family, the most helpful first step is usually to have a Nebraska family law attorney review the order before anyone takes a unilateral step. In many cases, a careful read of the decree and a focused mediation plan will answer more than a week of internet searching.

This article is general information only. It is not legal advice, it does not create an attorney-client relationship, and laws and court procedures can change. Filing deadlines, hearing timelines, and local practices can vary, so confirm current requirements with the court or a Nebraska lawyer.