Grandparent Rights in Nebraska: What Families Need to Know About Visitation and Custody

Few things are as heartbreaking for a grandparent as losing connection with their grandchildren. If you're a grandparent in Nebraska struggling to see your grandkids—whether due to divorce, a parent's passing, or family conflict—you're experiencing a situation far more common than you might realize. The good news? Nebraska law does offer avenues for grandparents seeking to preserve these vital relationships.

Under Nebraska Revised Statute § 43-1802, courts can consider grandparent visitation only if there’s been a disruption in the family—typically through divorce, the death of a parent, or another significant event. That family disruption opens the door for the court to even hear your request. From there, you must meet three legal requirements:

1. A significant disruption in the nuclear family (as mentioned above). 2. A significant, beneficial relationship with your grandchild. This means you’ve spent meaningful time together and built a bond that supports the child’s wellbeing. 3. Visitation must be in the best interest of the child AND must not interfere with the parent-child relationship.

That last part? It’s the hardest legal hurdle. Nebraska courts give strong deference to a fit parent’s decisions. So even if your relationship with your grandchild is close, the court still won’t override a parent's refusal to allow visitation unless you can clearly show it would harm the child not to maintain that relationship. That principle is grounded in Nebraska law, and reflects the U.S. Supreme Court’s perspective in Troxel v. Granville.

Now let’s talk about grandparent custody in Nebraska. While visitation is already an uphill climb, custody is even harder. You might be able to seek custody if both parents are deceased, absent, or legally unfit due to abuse, neglect, substance use, or similar extreme conditions. These are rare cases, but they do happen—and the child’s best interest is still the north star guiding the court's decision.

Ultimately, every decision a Nebraska court makes about children—whether custody, visitation, or something else—is rooted in their best interests. That doesn’t mean your role as a grandparent doesn’t matter. But it does mean your case must show how your presence benefits the child emotionally, physically, and developmentally.

This is precisely where experienced legal guidance becomes invaluable. As a family law attorney in Lincoln, Nebraska, I understand how painful and confusing this can be. I help grandparents and extended family members navigate this legal terrain with care, clarity, and empathy. I don’t give generic advice—I look at your situation, help you weigh your options, and build the strongest possible case based on the facts at hand.

If you're a grandparent wondering where you stand, I encourage you to schedule a confidential consultation. We'll sit down, talk through your concerns, and map out a strategy that honors both your rights and your grandchild's wellbeing.

Don't face this challenge alone. Contact my office today by calling 402-259-0059 or emailing zach@zandersonlaw.com. If it matters to you—it matters to me. Let's protect what matters most.