Title 25 — Marital and Domestic Relations

In this chapter, unless the context otherwise requires: 1. "In loco parentis" means a person who has been treated as a parent by a child and who has formed a meaningful parental relationship with a child for a substantial period of time. 2. "Joint legal decision-making" means bot…

A. Before it conducts a proceeding concerning legal decision-making or parenting time, including a proceeding to determine the legal decision-making or visitation of a nonparent, a court in this state first must confirm its authority to do so to the exclusion of any other state, …

A. The court shall determine legal decision-making and parenting time, either originally or on petition for modification, in accordance with the best interests of the child. The court shall consider all factors that are relevant to the child's physical and emotional well-being, i…

A. In awarding legal decision-making, the court may order sole legal decision-making or joint legal decision-making. B. In determining the level of decision-making that is in the child's best interests, the court shall consider the factors prescribed in section 25-403, subsection…

A. If the child's parents cannot agree on a plan for legal decision-making or parenting time, each parent must submit a proposed parenting plan. B. Consistent with the child's best interests in section 25-403 and sections 25-403.03, 25-403.04 and 25-403.05, the court shall adopt …

A. Notwithstanding subsection D of this section, joint legal decision-making shall not be awarded if the court makes a finding of the existence of significant domestic violence pursuant to section 13-3601 or if the court finds by a preponderance of the evidence that there has bee…

A. If the court determines that a parent has abused drugs or alcohol or has been convicted of any drug offense under title 13, chapter 34 or any violation of section 28-1381, 28-1382 or 28-1383 within twelve months before the petition or the request for legal decision-making or p…

A. Unless the court finds that there is no significant risk to the child and states its reasons in writing, the court shall not grant a person sole or joint legal decision-making of a child or unsupervised parenting time with a child if the person: 1. Is a registered sex offender…

A. Unless otherwise provided by court order or law, on reasonable request both parents are entitled to have equal access to prescription medication, documents and other information concerning the child's education and physical, mental, moral and emotional health including medical…

The court may specify one parent as the primary caretaker of the child and one home as the primary home of the child for the purposes of defining eligibility for public assistance. This finding does not diminish the rights of either parent and does not create a presumption for or…

A. In a proceeding regarding sole or joint legal decision-making or parenting time, either party may request attorney fees, costs and expert witness fees to enable the party with insufficient resources to obtain adequate legal representation and to prepare evidence for the hearin…

A. For any parenting time order entered under this article, the court shall determine an amount of child support in accordance with section 25-320 and guidelines established pursuant to that section. B. An award of joint legal decision-making or a substantially equal parenting ti…

B. A safe exchange location includes any of the following: 1. A designated neutral safe exchange location pursuant to section 11-452. 2. A location approved by the court. 3. A location agreed to by the parties.

A. A party to a legal decision-making and parenting time proceeding may move for a temporary order. This motion must be supported by pleadings as provided in section 25-411. The court may award temporary legal decision-making and parenting time under the standards of section 25-4…

A. The court may interview the child in chambers to ascertain the child's wishes as to the child's custodian and as to parenting time. B. The court may seek the advice of professional personnel, whether or not employed by the court on a regular basis. The advice given shall be in…

A. In contested legal decision-making and parenting time proceedings, and in other custody proceedings if a parent or the child's custodian so requests, the court may order an investigation and report concerning legal decision-making or parenting time arrangements for the child. …

A. Legal decision-making and parenting time proceedings shall receive priority in being set for hearing. If a party to a legal decision-making or parenting time action files a motion for temporary orders in any pre-decree matter, the court shall hold an evidentiary hearing within…

A. If by written agreement or court order both parents are entitled to joint legal decision-making or parenting time and both parents reside in the state, at least forty-five days' advance written notice shall be provided to the other parent before a parent may do either of the f…

A. Pursuant to section 25-402, subsection B, paragraph 2, a person other than a legal parent may petition the superior court for legal decision-making authority or placement of the child. The court shall summarily deny a petition unless it finds that the petitioner's initial plea…

A. Except as otherwise agreed by the parties in writing at the time of the legal decision-making or parenting time order or divorce decree, the parent designated as sole legal decision-maker may determine the child's upbringing, including the child's education, care, health care …

A. A person shall not make a motion to modify a legal decision-making or parenting time decree earlier than one year after its date, unless the court permits it to be made on the basis of affidavits that there is reason to believe the child's present environment may seriously end…

A. Each county treasurer shall establish an expedited child support and parenting time fund consisting of monies received pursuant to section 12-284, subsection D. B. The presiding judge of the superior court shall use fund monies to establish, maintain and enhance programs desig…

A. Each county treasurer shall establish a domestic relations education and mediation fund consisting of monies received pursuant to section 12-284, subsection C. B. The presiding judge of the superior court shall use fund monies to establish, maintain and enhance programs design…

A. If the court, based on a verified petition and after it gives reasonable notice to an alleged violating parent and an opportunity for that person to be heard, finds that a parent has refused without good cause to comply with a visitation or parenting time order, the court shal…

A. The court shall sanction a litigant for costs and reasonable attorney fees incurred by an adverse party if the court finds that the litigant has done any one or more of the following: 1. Knowingly presented a false claim under section 25-403, 25-403.03 or 25-403.04 with knowle…

If a person has been convicted of sexual assault under section 13-1406 and the sexual assault led to the birth of a child, the convicted person has none of the rights prescribed in this chapter related to legal decision-making or parenting time in regard to the child.

A. In determining parenting time or participation in legal decision-making, the court may not consider a parent's blindness, unless the court specifically finds both of the following: 1. The blindness significantly or substantially inhibits the parent's ability to provide for the…

1. A no-contact order with the aligned parent. 2. An overnight, out-of-state or multiday stay. 3. A transfer of physical or legal custody of the child. 4. The use of private youth transporters or private transportation agents engaged in the use of force, threat or force, physical…