How to File for Custody in Nebraska: Step-by-Step Process

Filing for custody in Nebraska starts in the District Court of the county where you or your spouse resides. Whether you're going through a divorce or establishing custody as an unmarried parent, the process follows the same statutory framework — and it's structured enough that many parents handle it pro se (without an attorney) if the case is uncontested.

Here's the sequence from filing to final order.

Residency Requirements

At least one parent must have lived in Nebraska continuously for at least one year before filing. The exception: if you were married in Nebraska, you can file as soon as the filing party has lived in the state continuously since the wedding, regardless of how long ago that was.

For paternity-based custody (unmarried parents), the residency requirement applies to jurisdiction over the child — the child generally needs to have lived in Nebraska for at least six consecutive months before filing.

Step 1: File the Complaint

For divorce with children, you file a Complaint for Dissolution of Marriage in the District Court of the county where either spouse lives. For unmarried parents, you file a Complaint to Establish Paternity, Custody, and Support.

Filing fees vary by county but typically run $150–$175. If you can't afford the filing fee, you can request a fee waiver (in forma pauperis).

The Nebraska Judicial Branch Self-Help Center provides blank forms for both types of cases. The forms are free to download, though they come with minimal guidance on how to complete them strategically.

Step 2: Serve the Other Parent

After filing, the other parent must be formally served with the complaint. Nebraska allows several methods:

• Sheriff service — the county sheriff delivers the papers in person (most common; fee around $25–$50)
• Certified mail — with return receipt requested
• Voluntary appearance — the other parent signs an acknowledgment of service, waiving the need for formal delivery

Once service is completed, the clock starts on two mandatory deadlines: the 60-day cooling-off period before the court can finalize anything, and the requirement to register for parenting classes.

Step 3: Complete Mandatory Parenting Classes

Both parents must enroll in an approved basic parenting class within 60 days of service. The standard statewide curriculum is "Co-Parenting for Successful Kids" through UNL Extension. Online options like C.O.P.E. are also approved. Cost is approximately $28–$50 per parent.

After completing the class, each parent files a Certificate of Completion (Form DC 6:5.5) with the court clerk. If you don't complete the class, the court can delay your final hearing by up to six months.

Step 4: Draft Your Parenting Plan

This is the substantive work. Nebraska requires a detailed parenting plan that covers custody designations, weekly schedules, holiday rotations, transition logistics, and a dispute resolution process. The state provides three templates:

• DC 6:5.37 for joint legal / joint physical custody
• DC 6:5.38 for joint legal / sole physical custody
• DC 6:5.39 for sole legal / sole physical custody

If both parents agree on the plan, you can submit it jointly. If you can't agree, the court will order mediation before scheduling a contested hearing.

Step 5: Attend Mediation (If Needed)

When parents can't reach agreement, Nebraska law requires mediation through the Office of Dispute Resolution (ODR) or a court-approved mediation center before a trial can be scheduled. The mediator first meets with each parent individually to screen for domestic abuse or coercive control.

Standard ODR-connected mediation costs $25–$150 per person per hour on a sliding scale based on income. Some regional centers charge a flat fee (around $250 per parent). If abuse is identified during screening, the case is routed to Specialized Alternative Dispute Resolution (SADR) with separate-room sessions and strict safety protocols.

Step 6: Financial Disclosures and Child Support

Both parents must complete financial disclosure forms. Nebraska uses an income shares model for child support, calculating obligations based on combined monthly net income. Your parenting schedule directly affects which worksheet applies:

• Under 109 overnights for the noncustodial parent → Worksheet 1
• 109–142 overnights → court discretion
• Over 142 overnights each → Worksheet 3 (joint physical custody)

Step 7: Final Hearing

If your case is uncontested (both parents agree on everything), the final hearing is straightforward — often 20–30 minutes. The judge reviews the parenting plan to confirm it meets statutory requirements and the child's best interests, asks a few questions, and signs the decree.

For contested cases, the timeline stretches. Between mediation scheduling, potential GAL appointments, and court availability, a contested case can take 6–12 months or longer from filing to final order.

The 60-Day Waiting Period

Nebraska imposes a mandatory 60-day waiting period from the date of service before the court can enter a final decree. This is a hard floor — even if both parents agree immediately, the decree can't be signed before day 61.

After the decree is signed, custody and support provisions take effect after 30 days. But the marriage isn't fully dissolved for remarriage purposes until six months and one day after the decree date.

Can You Get Custody Without Going to Court?

Not entirely. Even when parents agree on everything, Nebraska requires judicial review and approval of the parenting plan. You can't establish a legally enforceable custody arrangement through a private agreement alone.

However, an uncontested filing with an agreed parenting plan is the fastest, cheapest path. You still file the paperwork and attend a brief final hearing, but you skip mediation and trial entirely.

The Nebraska Child Custody & Parenting Plan Guide walks through each filing step with the actual forms, deadlines, and checklists you need to stay on track throughout the process.

See more Nebraska guides →