The Problem with Legal Defaults: Why Tradition Isn’t Always Fair
When scientists studied why women’s bathroom lines are longer, they found it wasn’t because women “go in pairs.” It’s because bathrooms are designed with equal square footage for men and women. Stalls take up more space than urinals, and biology means women take longer on average. On paper, the design looks equal. In practice, it isn’t. And once something becomes the default, people stop questioning it.
What Bathroom Lines Teach Us About the Law
This same problem happens in the law. Systems are often built on defaults that seem equal but don’t lead to fair outcomes. When you’ve lived with a system your whole life, you stop noticing its flaws—until you’re the one caught in line.
In Nebraska, I see this in multiple areas of my practice:
Family Law Defaults: Parenting plans sometimes assume equal time is “fair.” But under the Nebraska Parenting Act (Neb. Rev. Stat. § 43-2920), the court must approve a plan based on the best interests of the child—not a 50/50 split by default. Distance between homes, high conflict, or a child’s unique needs can make a standard schedule unfair or even harmful.
Immigration Defaults: Federal immigration law applies equally in Nebraska and across the U.S. Deadlines and procedures look the same on paper, but unequal access to lawyers, translators, and reliable information makes those rules harder for some families to follow. Equal deadlines don’t mean equal chances.
Estate Planning Defaults: Nebraska’s intestacy laws decide who inherits when someone dies without a will. Those laws favor spouses and biological or legally adopted children. Stepchildren, unmarried partners, and caregivers have no inheritance rights. For blended families, the default can lead to painful and unintended outcomes.
Why “Equal” Isn’t Always Enough
Just as equal square footage doesn’t mean equal bathroom access, legal systems that look “fair” can create very unfair realities. The law may give everyone the same rules, but if those rules ignore caregiving roles, geography, or family dynamics, the outcomes are skewed.
At my firm, I focus on outcomes, not just appearances. A fair parenting plan, a strong immigration case, or a solid estate plan isn’t about what looks equal on paper. It’s about what actually works for the people involved.
Moving Beyond Defaults
The takeaway is simple: don’t settle for defaults. Whether it’s accepting a cookie-cutter parenting schedule, assuming Nebraska’s intestacy laws will “work out,” or believing immigration deadlines are automatically fair, defaults rarely protect you.
Like bathroom design, the law needs to be questioned, reexamined, and tailored to real-world needs. That’s where good advocacy makes the difference.
Call to Action
If you’re facing a custody dispute, immigration challenge, or estate planning decision in Nebraska, don’t assume the default system will give you a fair outcome. Let’s look beyond what’s “equal on paper” and make sure the outcome is truly fair for you and your family.
Contact Zachary W. Anderson Law today to schedule a consultation.
Frequently Asked Questions (FAQ)
Why do legal defaults exist?
Defaults save time and provide predictability, but they aren’t designed for fairness in every case. That’s why it’s important to know your options and challenge defaults when needed.
Is equal parenting time always fair?
Not necessarily. Nebraska courts look to the best interests of the child, not a rigid 50/50 split. Equal time can work for some families, but in cases involving long distance, high conflict, or special needs, a default schedule can create more problems than it solves.
How do Nebraska intestacy laws handle blended families?
Nebraska’s inheritance laws do not recognize stepchildren, unmarried partners, or caregivers. Without a will or estate plan, these family members are left out entirely.
Can immigration law be challenged in Nebraska?
Yes. Immigration law is federal, but strong legal advocacy in Nebraska can emphasize family hardship, humanitarian factors, and due process rights to fight for better outcomes.
What should I do if I’m worried about legal defaults affecting me?
The best step is to talk with an experienced Nebraska attorney. Whether it’s drafting a will, creating a parenting plan, or preparing for immigration proceedings, proactive planning avoids being trapped by defaults.