Do Nebraska Courts Still Favor Mothers? A Father’s Guide to Custody Laws

Many fathers in Nebraska walk into custody disputes worried the system is stacked against them. That fear often comes from an older era of family law when mothers were more likely to be awarded custody under what was known as the “tender years doctrine.” But that doctrine is gone. Today, Nebraska law explicitly requires courts to be gender-neutral. The only standard is the best interests of the child.

In this article, you’ll learn what Nebraska law really says about custody, whether mothers still receive any preference, and what factors judges consider when making decisions. We’ll also break down the difference between legal and physical custody, explain how parenting plans work, and share practical steps fathers can take to strengthen their case. By the end, you’ll understand your rights, what courts look for, and how to protect your role in your child’s life.

The “Best Interests of the Child”: Nebraska’s Only Custody Standard (Neb. Rev. Stat. § 42-364)

Nebraska law is clear. The guiding principle in every custody case is the best interests of the child. Under Nebraska Revised Statute § 42-364, courts must craft custody and parenting arrangements that promote the child’s physical, emotional, and developmental well-being.

The statute also says: “No preference shall be given to either parent based on the sex of the parent.” This means fathers and mothers start on equal footing. Judges cannot assume mothers are better parents simply because of gender.

Understanding Legal vs. Physical Custody

To advocate effectively, fathers need to know the two main types of custody in Nebraska:

Legal Custody gives a parent authority over major decisions in a child’s life—education, health care, and religious upbringing. Joint legal custody, where both parents share responsibility, is common.

Physical Custody determines where the child lives and the day-to-day parenting schedule. Courts can award sole or joint physical custody depending on what arrangement serves the child’s best interests.

Key Factors Nebraska Courts Analyze in Custody Decisions

Judges don’t make custody rulings based on assumptions. They weigh specific statutory factors, including:

• The relationship between the child and each parent

• The child’s developmental, emotional, and educational needs

• The ability of each parent to provide a stable, safe, and supportive environment

• Any credible evidence of abuse or neglect

• The child’s preference, if old enough and mature enough to express a reasoned choice

• Each parent’s willingness to foster a healthy relationship between the child and the other parent

Notably absent from this list: gender.

The Myth of the Tender Years Doctrine

The belief that mothers are favored comes from the old “tender years doctrine,” which assumed young children were better off with their mothers. Nebraska no longer recognizes that doctrine.

What courts do consider is caregiving history. If one parent has consistently been the primary caregiver—handling meals, school, medical appointments, and routines—the court may favor that parent for continuity. This isn’t about gender. Fathers who have been hands-on caregivers can and do receive primary custody.

Parenting Plans in Nebraska Custody Cases

Every custody case requires a parenting plan. This is a detailed document outlining how legal custody, physical custody, and parenting time will be shared. Parenting plans must cover weekday schedules, holidays, vacations, transportation, communication, and how disputes will be resolved.

For fathers, presenting a clear, thoughtful parenting plan is one of the best ways to show the court you are organized, committed, and focused on your child’s needs.

How Fathers Can Protect Their Rights

Fathers should be proactive in asserting their rights:

• Establish paternity if you were not married to the child’s mother at birth. Without this, you cannot seek custody or parenting time.

• Document your involvement in your child’s life, from school to doctor visits to extracurriculars.

• Propose a parenting plan that demonstrates how you will meet your child’s needs while respecting the other parent’s role.

• Show cooperation and a willingness to foster your child’s relationship with the other parent—courts value parents who put children first.

Frequently Asked Questions About Fathers’ Rights in Nebraska

Do mothers automatically get custody of babies in Nebraska?

No. The “tender years doctrine” is gone. A mother’s role in breastfeeding may affect short-term schedules for infants, but custody is determined by best interests, not gender.

Can a father get primary custody in Nebraska?

Yes. Fathers can and do receive primary custody when the evidence shows they provide greater stability and meet the child’s needs.

Does my child get to choose which parent to live with?

Not outright. A mature child’s preference may be considered, but it is just one factor. Judges make the final decision.

Is joint custody common in Nebraska?

Joint legal custody is very common. Joint physical custody is also possible if parents can cooperate and logistics support it.

Conclusion: Fathers’ Rights Are Protected in Nebraska

Nebraska law treats mothers and fathers equally in custody disputes. Courts focus on the child’s best interests, not outdated stereotypes. For fathers, success often depends on preparation: establishing paternity if needed, documenting caregiving involvement, and presenting a clear parenting plan.

If you are a father facing divorce or a custody case, knowing your rights is the first step toward protecting your most important relationship—your relationship with your child.