Parenting Time vs. Blizzards: How to Handle Custody During Nebraska Winters
Key Takeaways:
Safety Comes First: Nebraska courts will not expect you to drive a child during genuinely dangerous conditions.
Communication Matters Most: Notify the other parent early and clearly, not five minutes before the exchange.
Reasonableness Controls: Judges evaluate whether your decision was made in good faith or used as an excuse.
Make-Up Time Helps You: Offering specific make-up dates is your strongest protection against contempt.
It’s a situation every Nebraska co-parent has faced: exchange time is coming up, but the wind chill is -20, snow is drifting across I-80, and NDOT just issued a No Travel Advisory for most of Lancaster and Seward Counties. You want to honor your parenting plan, but you also don’t want to land in a ditch on Highway 77 with your child in the back seat.
The good news is that courts in Nebraska understand winter. They live here, too. The trick is handling the decision — and the communication — in a way that shows you’re protecting your child, not undermining the schedule.
Here’s how to navigate these moments so you stay safe, stay compliant, and stay out of the courthouse.
Does the Parenting Plan or the Weather Win?
Your parenting plan is a court order, and it doesn’t disappear just because snow starts falling. But Nebraska’s Parenting Act requires that arrangements take the child’s physical safety into account. That’s why judges apply a reasonableness test when weather interferes with an exchange.
If road conditions are truly dangerous — white-out visibility, severe icing, closed interstates — you’re not expected to drive simply to avoid criticism from the other parent. Judges in Lincoln, Omaha, and across the state know the difference between a routine snow day and a storm that shuts down I-80 from York to Gretna.
Reasonable:
Delaying an exchange because NDOT says “Travel Not Advised” on your route.
Unreasonable:
Canceling a visit because a dusting of snow might happen later in the evening.
The difference often comes down to planning, tone, and proof.
How to Communicate So You Don’t End Up in a Contempt Hearing
When weather affects the schedule, communication is everything. Your messages become your evidence.
Avoid vague or abrupt statements like “I’m not coming. Roads are bad.” That kind of message looks reactive or obstructive.
Instead, give the other parent a clear, factual explanation and propose a solution.
Better:
“NDOT just issued a No Travel Advisory on the route between my house and the exchange point. For [Child]’s safety, I cannot drive right now. I propose we move the exchange to tomorrow at 10:00 AM. I’ll send you an update by 8:00 AM once road crews have been out.”
This shows three things courts care about:
You’re paying attention to credible safety data.
You’re focused on the child, not the conflict.
You’re trying to preserve the other parent’s time.
Document What You’re Seeing
If you think the other parent may push back, save objective proof. Screenshots of NDOT road maps, National Weather Service alerts, or local emergency management notices come in handy if anyone later questions your judgment.
Judges much prefer “Here is what the conditions looked like at 5:00 PM” over “I promise it was bad, Your Honor.”
The Make-Up Time Solution: Your Best Defense
Nebraska law does not guarantee automatic make-up time unless your parenting plan specifically requires it. But offering make-up time is one of the strongest signals of good faith you can send.
It tells the court:
You’re not trying to cut the other parent out.
You’re balancing safety with respect for their relationship.
You’re being proactive rather than defensive.
Offer it right away, in the same message where you call off the exchange.
Even something like:
“I’m happy to offer an extra overnight next weekend or switch weekends entirely so your total time isn’t reduced.”
When judges see this, contempt allegations usually fall apart.
When Does a Snow Day Turn Into Contempt?
A single missed exchange during a legitimate storm almost never rises to contempt. But certain patterns raise red flags:
Repeated cancellations for minor weather.
Refusing all make-up time.
No documentation to back up your claims.
Hostile communication or last-second notices.
Courts care about patterns and intent. If snow becomes a convenient excuse, that’s when trouble starts.
FAQ: Winter Weather & Co-Parenting in Nebraska
Should I call the police if the other parent won’t hand over the child?
Usually, no. Officers often treat this as a civil matter unless there’s clear danger. Call your attorney instead.
Can we add “weather rules” to our parenting plan?
Yes. Many Nebraska families add clauses about No Travel Advisories, alternate meeting spots, or automatic rescheduling.
What if my teenager refuses to travel because they’re scared of the roads?
The court order still applies, but teens’ safety concerns matter. Communicate openly with the other parent, and try virtual contact until conditions improve.
Can a parent cancel simply because they don’t like driving in snow?
No. Personal preference isn’t enough. There must be objective safety concerns.
Is it better to delay the exchange or meet halfway?
Either can work. Judges care about reasonableness, not perfection.
Bottom Line
You do not need to risk your safety — or your child’s — to rigidly follow a schedule during dangerous weather. What you do need is clear communication, objective documentation, and a genuine effort to preserve the other parent’s time.
If the other parent is weaponizing weather, or if you’re facing accusations after making a safety-based call, it’s time to get legal guidance. These disputes escalate quickly, and early advice can prevent bigger problems later.