Nebraska Revised Statutes

Neb. Rev. Stat. § 43-2923 (2026)

Best interests of the child requirements

✓ current as of July 2026

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The best interests of the child require:

(1) A parenting arrangement and parenting plan or other court-ordered arrangement which provides for a child's safety, emotional growth, health, stability, and physical care and regular and continuous school attendance and progress for school-age children;

(2) When a preponderance of the evidence indicates domestic intimate partner abuse, a parenting and visitation arrangement that provides for the safety of a victim parent;

(3) That the child's families and those serving in parenting roles remain appropriately active and involved in parenting with safe, appropriate, continuing quality contact between children and their families when they have shown the ability to act in the best interests of the child and have shared in the responsibilities of raising the child;

(4) That even when parents have voluntarily negotiated or mutually mediated and agreed upon a parenting plan, the court shall determine whether it is in the best interests of the child for parents to maintain continued communications with each other and to make joint decisions in performing parenting functions as are necessary for the care and healthy development of the child. If the court rejects a parenting plan, the court shall provide written findings as to why the parenting plan is not in the best interests of the child;

(5) That certain principles provide a basis upon which education of parents is delivered and upon which negotiation and mediation of parenting plans are conducted. Such principles shall include: To minimize the potentially negative impact of parental conflict on children; to provide parents the tools they need to reach parenting decisions that are in the best interests of a child; to provide alternative dispute resolution or specialized alternative dispute resolution options that are less adversarial for the child and the family; to ensure that the child's voice is heard and considered in parenting decisions; to maximize the safety of family members through the justice process; and, in cases of domestic intimate partner abuse or child abuse or neglect, to incorporate the principles of victim safety and sensitivity, offender accountability, and community safety in parenting plan decisions; and

(6) In determining custody and parenting arrangements, the court shall consider the best interests of the minor child, which shall include, but not be limited to, consideration of the foregoing factors and:

(a) The relationship of the minor child to each parent prior to the commencement of the action or any subsequent hearing;

(b) The desires and wishes of the minor child, if of an age of comprehension but regardless of chronological age, when such desires and wishes are based on sound reasoning;

(d) Credible evidence showing increased intellectual and social growth in children who have equal access to both parents;

(e) Credible evidence of abuse inflicted on any family or household member. For purposes of this subdivision, abuse and family or household member shall have the meanings prescribed in section 42-903; and

(f) Credible evidence of child abuse or neglect or domestic intimate partner abuse. For purposes of this subdivision, the definitions in section 43-2922 shall be used.

Notes of Decisions

Cited in 222 cases (84 in the last 5 years), 2009–2026 · leading case: State on behalf of Kaaden S. v. Jeffery T., 303 Neb. 933 (Neb. 2019).

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State on behalf of Kaaden S. v. Jeffery T., 303 Neb. 933 (Neb. 2019). · cites it 9× “§ 43-2923(1). § 43-2923(3). See, generally, Coffey v.”

Olson v. Olson, 27 Neb. Ct. App. 869 (Neb. Ct. App. 2019). · cites it 14× “Neb. Rev. Stat. § 43-2923 (Reissue 2016) of Nebraska’s Parenting Act sets forth a nonexhaustive list of factors to be considered in deter- mining the best interests of a child in regard to custody.”

Schmeidler v. Schmeidler, 25 Neb. Ct. App. 802 (Neb. Ct. App. 2018). · cites it 3× “Further, although the district court is not required to grant equal parenting time to the parents, Nebraska's Parenting Act recognizes the importance of both parents remaining active and involved in parenting in order to serve the best interests of the child.”

State Ex Rel. Amanda M. v. JUSTIN T., 777 N.W.2d 565 (Neb. 2010). · cites it 5× “" Section 42-364 of the dissolution of marriage statutes does not explicitly list factors to consider when determining best interests, but, instead, refers to Neb.Rev.Stat. § 43-2923 (Reissue 2008), which does list the best interests factors.”

Cook v. Cook, 26 Neb. Ct. App. 137 (Neb. Ct. App. 2018). · cites it 4× “(b) Written Findings Regarding Why Parenting Plan Was Not in Children's Best Interests Joshua also argues that when the district court chose to reject a portion of the stipulated parenting plan, under Neb. Rev. Stat. § 43-2923 (4) (Reissue 2016), the court was required to…”

Kamal v. Imroz, 759 N.W.2d 914 (Neb. 2009). · cites it 4× “We also find that the district court did not abuse its discretion when devising the parenting plan and by granting custody of the parties' child to Kamal.”

Leners v. Leners, 302 Neb. 904 (Neb. 2019). · cites it 2× “Neb. Rev. Stat. § 43-2923 (6)(b) (Reissue 2016).”

Kenneth C. v. Lacie H., 286 Neb. 799 (Neb. 2013). · cites it 7× “”12 The Parenting Act13 defines “[b]est interests of the child” as “the determination made tak- ing into account the requirements stated in section 43-2923.”14 Section 43-2923 addresses the best interests of a child in the context of parenting, visitation, and custody…”

Becher v. Becher, 299 Neb. 206 (Neb. 2018). “33 See § 43-2923(4). 34 Osantowski v . Osantowski , 298 Neb.”

Westerhold v. Dutton, 28 Neb. Ct. App. 17 (Neb. Ct. App. 2020). · cites it 6× “Neb. Rev. Stat. § 43-2923 (Reissue 2016) of Nebraska’s Parenting Act sets forth a non- exclusive list of factors to be considered in determining the best interests of a child in regard to custody.”

Smith v. King, 29 Neb. Ct. App. 152 (Neb. Ct. App. 2020). · cites it 4× “” Neb. Rev. Stat. § 43-2923 (6)(b) (Reissue 2016).”

Jones v. Jones, 305 Neb. 615 (Neb. 2020). · cites it 2× “See, also, Neb. Rev. Stat. § 43-2923 (6) (Reissue 2016).”

Show all 222 citing cases →

— Neb. Rev. Stat. § 43-2923(1) — 14 cases

State on behalf of Kaaden S. v. Jeffery T., 303 Neb. 933 (Neb. 2019). “§ 43-2923(1). § 43-2923(3). See, generally, Coffey v.”

Donscheski v. DONSCHESKI, 771 N.W.2d 213 (Neb. Ct. App. 2009).

Chmelka v. Chmelka, 29 Neb. Ct. App. 265 (Neb. Ct. App. 2020).

State on behalf of Paul O. & Nickolas O. v. Samuel O., 33 Neb. Ct. App. 820 (Neb. Ct. App. 2025).

Burton v. Schlegel (Neb. Ct. App. 2016).

— Neb. Rev. Stat. § 43-2923(2) — 3 cases

Crow v. Chelli (Neb. Ct. App. 2017).

State on behalf of Dawn M. v. Jerrod M. (Neb. Ct. App. 2015).

Burkholder v. Burkholder (Neb. Ct. App. 2016).

— Neb. Rev. Stat. § 43-2923(3) — 13 cases

State on behalf of Kaaden S. v. Jeffery T., 303 Neb. 933 (Neb. 2019). “§ 43-2923(1). § 43-2923(3). See, generally, Coffey v.”

State on behalf of Kaaden S. v. Jeffery T., 303 Neb. 933 (Neb. 2019).

Burton v. Schlegel (Neb. Ct. App. 2016).

Burkholder v. Burkholder (Neb. Ct. App. 2016).

Burcham v. Burcham (Neb. Ct. App. 2016).

— Neb. Rev. Stat. § 43-2923(4) — 10 cases

State on behalf of Kaaden S. v. Jeffery T., 303 Neb. 933 (Neb. 2019). “§ 43-2923(1). § 43-2923(3). See, generally, Coffey v.”

Becher v. Becher, 299 Neb. 206 (Neb. 2018). “33 See § 43-2923(4). 34 Osantowski v . Osantowski , 298 Neb.”

Cook v. Cook, 26 Neb. Ct. App. 137 (Neb. Ct. App. 2018). “(b) Written Findings Regarding Why Parenting Plan Was Not in Children's Best Interests Joshua also argues that when the district court chose to reject a portion of the stipulated parenting plan, under Neb. Rev. Stat. § 43-2923 (4) (Reissue 2016), the court was required to…”

Olson v. Olson, 27 Neb. Ct. App. 869 (Neb. Ct. App. 2019). “Neb. Rev. Stat. § 43-2923 (Reissue 2016) of Nebraska’s Parenting Act sets forth a nonexhaustive list of factors to be considered in deter- mining the best interests of a child in regard to custody.”

Sulzle v. Sulzle, 318 Neb. 194 (Neb. 2024).

— Neb. Rev. Stat. § 43-2923(5) — 1 case

Burkholder v. Burkholder (Neb. Ct. App. 2016).

— Neb. Rev. Stat. § 43-2923(6) — 58 cases

State on behalf of Kaaden S. v. Jeffery T., 303 Neb. 933 (Neb. 2019). “§ 43-2923(1). § 43-2923(3). See, generally, Coffey v.”

Lasu v. Lasu, 28 Neb. Ct. App. 478 (Neb. Ct. App. 2020).

Smith v. King, 29 Neb. Ct. App. 152 (Neb. Ct. App. 2020). “” Neb. Rev. Stat. § 43-2923 (6)(b) (Reissue 2016).”

Kenneth C. v. Lacie H., 286 Neb. 799 (Neb. 2013). “”12 The Parenting Act13 defines “[b]est interests of the child” as “the determination made tak- ing into account the requirements stated in section 43-2923.”14 Section 43-2923 addresses the best interests of a child in the context of parenting, visitation, and custody…”

Chmelka v. Chmelka, 29 Neb. Ct. App. 265 (Neb. Ct. App. 2020).

— Neb. Rev. Stat. § 43-2923(6)(a) — 1 case

McClure v. McClure (Neb. Ct. App. 2018).

— Neb. Rev. Stat. § 43-2923(6)(b) — 12 cases

Toro v. Toro, 30 Neb. Ct. App. 158 (Neb. Ct. App. 2021).

McClure v. McClure (Neb. Ct. App. 2018).

Gurnsey v. Gurnsey (Neb. Ct. App. 2023).

Shemek v. Brown (Neb. Ct. App. 2015).

— Neb. Rev. Stat. § 43-2923(6)(c) — 1 case

In re Interest of Austin W. & Linda W. (Neb. Ct. App. 2014).

— Neb. Rev. Stat. § 43-2923(6)(d) — 4 cases

McClure v. McClure (Neb. Ct. App. 2018).

Burkholder v. Burkholder (Neb. Ct. App. 2016).

In re Interest of Austin W. & Linda W. (Neb. Ct. App. 2014).

— Neb. Rev. Stat. § 43-2923(6)(e) — 2 cases

Schroeder v. Schroeder (Neb. Ct. App. 2025).

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