Grandparent Rights in Nebraska: What Families Need to Know About Visitation and Custody
Few things are as heartbreaking as losing contact with a grandchild. If you’re a grandparent in Nebraska struggling to maintain a relationship with your grandkids—whether due to divorce, the death of a parent, or ongoing family conflict—you’re far from alone. These situations are more common than people realize, and Nebraska law does offer a path forward.
Can Grandparents Get Visitation Rights in Nebraska?
Under Nebraska Revised Statute § 43-1802, grandparents can request court-ordered visitation, but only under specific circumstances. The court won’t even consider your petition unless there’s been a disruption in the nuclear family—typically due to:
Divorce or separation of the child’s parents
Death of one parent
Other significant family events
Once that threshold is met, you’ll need to prove three things for a court to grant visitation:
A significant disruption in the family has occurred
You have a meaningful, beneficial relationship with your grandchild
Visitation is in the best interests of the child and will not interfere with the parent-child relationship
That last requirement—not interfering with the parent’s authority—is often the hardest to meet. Nebraska courts give strong legal deference to the rights of fit parents. Even if your relationship with your grandchild is close, the court likely won’t override a parent’s refusal unless you can clearly show harm to the child if the relationship is cut off.
This is in line with both Nebraska precedent and the U.S. Supreme Court’s ruling in Troxel v. Granville, which affirmed that parents’ decisions carry significant constitutional weight.
What About Grandparent Custody in Nebraska?
Custody is even harder to obtain than visitation, but there are rare cases where it’s possible. A grandparent (or other extended family member) may be able to seek custody of a grandchild if:
Both parents are deceased
Both parents are absent or have abandoned the child
A parent is legally unfit due to abuse, neglect, incarceration, or substance use
In these high-conflict or high-risk cases, the court may be willing to place the child with a grandparent if that arrangement clearly serves the child’s best interests.
Keep in mind: every decision Nebraska courts make involving children—whether it’s about custody, visitation, or something else—is centered on what best supports the child’s emotional, physical, and developmental wellbeing. That means your role as a grandparent matters—but the court needs evidence that your involvement supports the child, not just your desire to stay connected.
Why Legal Guidance Matters
Navigating grandparent rights in Nebraska is complex. These cases are deeply emotional, often contentious, and legally nuanced. You don’t have to face that alone.
As a family law attorney in Lincoln, Nebraska, I work with grandparents and extended family members who are simply trying to stay present in a child’s life. I don’t offer cookie-cutter solutions. I look at your specific situation, assess your legal options, and help you build the strongest possible case—with clarity, care, and honesty about what’s realistic.
Let’s Talk About Your Rights—and Your Options
If you’re a grandparent wondering whether you have any legal ground to stand on, it starts with a conversation. We’ll sit down together, talk through your concerns, and explore the best legal path forward based on Nebraska law and your family’s circumstances.
Contact Zachary W. Anderson Law at 402-259-0059 or email zach@zandersonlaw.com to schedule a confidential consultation.
If it matters to you—it matters to me. Let’s protect what matters most.