The Parenting Act
The Nebraska Parenting Act requires any parent involved in a court case involving their children, like separation,
divorce, modification of an existing Decree, or any other action involving visitation, to do the following:
- Create a parenting plan for court approval
- Attend a parenting education class
-
Participate in mediation if they or the
attorneys involved are unable to negotiate a
court approved parenting plan.
The Parenting Plan
The Parenting Plan is intended to help parents and the children. Its
focus is the children and thier best interests. The Parenting Plan will serve as a road map for both parents to follow
after the divorce. It specifies each parent's parenting time as well as parenting functions.
Regardless of whether the parents create the Parenting Plan themselves, with
the assistance of their attorneys, or with the help of a neutral mediator, the finished plan must be submitted to the
court for approval.
The Parenting Plan becomes part of the
Decree upon finalization of the divorce or other court proceeding involving the children.
A sample Parenting Plan can be downloaded at: www.supremecourt.ne.gov/self-help/simple-divorce.shtml
The Parenting Class
The Parenting
Act requires both parents to complete a court approved basic parenting class, unless the court specifically excuses the requirement
for good cause shown.
After you finish the class, a certificate
of completion must be filed with the court.
Your district court
clerk or county courthouse can provide you with a list of approved parenting classes in your area. You can also find
information at: http://supremecourt.ne.gov/mediation/parenting-divorce.shtml
Mediation
Beginning in 2010, unless Nebraska law changes, mediation will be mandatory in all cases that
fall under the Parenting Act. Until then, mediation is only mandatory if the parties are unable to create a court
approved Parenting Plan on their own or with the help of their lawyers.
Mediation is a process during which a neutral, trained Parenting Act mediator works with you and your spouse
informally to assist you in creating a parenting plan.
In some
cases the mediation process can assist you and your spouse in reducing tension between the two of you so you can function
better as parents in the best interests of your children.
Specialized
mediation is available for relationships involving domestic violence.
Resources for You and Your Children
Books
for You:
Baris, Mitchell & Carla Garrity
- Children of Divorce: A Developmental Approach to Residence and Visitation
Garrity, Carly & Mitchell Baris - Caught in the Middle: Protecting the Children of High Conflict Divorce
Books for Your Children:
Blume, Judy - It's Not the End of the World
Brown,
Laurene Krasny & Marc Brown - Dinosaurs Divorce
Douglas County Conciliation and Mediation Office:
Hall of Justice, 1701 Farnam St., 1st floor, Omaha, 402-444-7168; www.dc4dc.com/conciliation/
A
Final Note on Legal Representation
This article is
not a substitute for legal advice from your attorney. It is meant as a brief overview of the process to enhance
your knowledge about and comfort with the basic litigation process.
A good lawyer is a crucial support that you should not be without during this challenging time in your life.
