When someone says “full” custody, they usually mean sole physical and legal custody. The infographic below explains both physical and legal custody in more detail.
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The fall of full custody
One parent having sole custody (also called primary custody) used to be an automatic in Nebraska, unless a parent could prove it wasn’t in the child’s best interests. That isn’t so anymore. Now joint custody is the default, and custody trials ending in sole custody orders are becoming more rare.
Today, unless one parent is shown to be unfit, or there’s another reason joint physical and legal custody wouldn’t be best for the child, Nebraska courts are favoring joint physical and legal custody arrangements in the majority of cases.
It’s important to note, however, that the custody arrangement can me made to suit the needs of the child and the family – and should be. For example, one parent can have sole/primary physical custody (possession), and both parents can still share joint legal custody (decision making), or vice versa.
Regardless of who has legal or physical custody, each parent still has the right to access the child’s educational and medical records.
This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts.
For details about the author, Hightower Reff Partner Attorney Susan Reff, visit her profile page.
Find out more about Hightower Reff’s child custody practice.
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