(1) In any proceeding in which parenting functions for a child are at issue under Chapter 42, a parenting plan shall be developed and shall be approved by the court. Court rule may provide for the parenting plan to be developed by the parties or their counsel, a court conciliation program, an approved mediation center, or a private mediator. When a parenting plan has not been developed and submitted to the court, the court shall create the parenting plan in accordance with the Parenting Act. A parenting plan shall serve the best interests of the child pursuant to sections 42-364 and 43-2923 or the Uniform Deployed Parents Custody and Visitation Act if such act applies and shall:
(a) Assist in developing a restructured family that serves the best interests of the child by accomplishing the parenting functions; and
(b) Include, but not be limited to, determinations of the following:
(i) Legal custody and physical custody of each child;
(ii) Apportionment of parenting time, visitation, or other access for each child, including, but not limited to, specified religious and secular holidays, birthdays, Mother's Day, Father's Day, school and family vacations, and other special occasions, specifying dates and times for the same, or a formula or method for determining such a schedule in sufficient detail that, if necessary, the schedule can be enforced in subsequent proceedings by the court, and set out appropriate times and numbers for telephone access;
(iii) Location of the child during the week, weekend, and given days during the year;
(iv) A transition plan, including the time and places for transfer of the child, method of communication or amount and type of contact between the parties during transfers, and duties related to transportation of the child during transfers;
(v) Procedures for making decisions regarding the day-to-day care and control of the child consistent with the major decisions made by the person or persons who have legal custody and responsibility for parenting functions;
(vi) Provisions for a remediation process regarding future modifications to such plan;
(vii) Arrangements to maximize the safety of all parties and the child;
(viii) Provisions to ensure regular and continuous school attendance and progress for school-age children of the parties; and
(ix) Provisions for safety when a preponderance of the evidence establishes child abuse or neglect, domestic intimate partner abuse, unresolved parental conflict, or criminal activity which is directly harmful to a child.
(2) A parenting plan shall require that the parties notify each other of a change of address, except that the address or return address shall only include the county and state for a party who is living or moving to an undisclosed location because of safety concerns.
(3) When safe and appropriate for the best interests of the child, the parenting plan may encourage mutual discussion of major decisions regarding parenting functions including the child's education, health care, and spiritual or religious upbringing. However, when a prior factual determination of child abuse or neglect, domestic intimate partner abuse, or unresolved parental conflict has been made, then consideration shall be given to inclusion of provisions for safety and a transition plan that restrict communication or the amount and type of contact between the parties during transfers.
(4) Regardless of the custody determinations in the parenting plan, unless parental rights are terminated, both parents shall continue to have the rights stated in section 42-381.
(5) In the development of a parenting plan, consideration shall be given to the child's age, the child's developmental needs, and the child's perspective, as well as consideration of enhancing healthy relationships between the child and each party.
Notes of Decisions
State Ex Rel. Amanda M. v. JUSTIN T., 777 N.W.2d 565 (Neb. 2010).
· cites it 11× “Neb.Rev.Stat. § 43-2929 (Reissue 2008) lists the numerous issues which the parenting plan must resolve.”
Hopkins v. Hopkins, 883 N.W.2d 363 (Neb. 2016).
· cites it 3× “23 Significantly, § 43-2932, the statute immediately preceding the statute at issue here, sets out the burden of proof require- ment when a court finds that a parent has engaged in a speci- fied act: “The parent found to have engaged in the behavior specified in subsection (1)…”
Kamal v. Imroz, 759 N.W.2d 914 (Neb. 2009).
· cites it 7× “" [1] Section 43-2929 lists the determinations the trial court is to make when developing the parenting plan, including legal and physical custody of each child; apportionment of parenting time, visitation, and holidays; location of each child during the week, weekend, and given…”
VanSkiver v. VanSkiver, 303 Neb. 664 (Neb. 2019).
· cites it 2× “See Neb. Rev. Stat. § 43-2929 (Reissue 2016).”
Becher v. Becher, 299 Neb. 206 (Neb. 2018).
“30 § 43-2929(1). 31 See Zahl v . Zahl , 273 Neb.”
Vyhlidal v. Vyhlidal, 973 N.W.2d 171 (Neb. 2022).
· cites it 4× “§ 43-2929 (Reissue 2016). - 496 - Nebraska Supreme Court Advance Sheets 311 Nebraska Reports VYHLIDAL v.”
Schriner v. Schriner, 25 Neb. Ct. App. 165 (Neb. Ct. App. 2017).
· cites it 5× “Pursuant to Neb. Rev. Stat. § 43-2929 (1)(b)(ix) (Reissue 2016), the parenting plan shall include provisions for safety when a pre- ponderance of the evidence establishes child abuse or neglect, domestic intimate partner abuse, unresolved parental conflict, or criminal activity…”
Hernandez v. Dorantes, 994 N.W.2d 46 (Neb. 2023).
· cites it 3× “8 8 See, generally, §§ 43-2929 and 43-2935(1).”
Sulzle v. Sulzle, 318 Neb. 194 (Neb. 2024).
· cites it 2× “4 If a parenting plan “lacks any of the elements required by the act,” 5 the court shall either modify and approve the parenting plan as modified, reject the parenting plan and order the parties to develop a new parenting plan, or reject the parenting plan and create a parenting…”
Bhuller v. Bhuller, 767 N.W.2d 813 (Neb. Ct. App. 2009).
· cites it 7× “Because the decree did not incorporate a parenting plan as required by Neb.Rev. Stat. § 43-2929 (Reissue 2008), the decree was not a final, appealable order.”
Tyler F. v. Sara P., 306 Neb. 397 (Neb. 2020).
“) This “both parents” language is used in other parts of the Parenting Act, including the following sections: § 43-2924(2), in describing the applicability of the Parenting Act for custody determina- tions; § 43-2929(4), in explaining that both parents continue to have parental…”
Geiss v. Geiss, 835 N.W.2d 774 (Neb. Ct. App. 2013).
· cites it 2× “At the time of the parties’ dissolution, the parties developed a parenting plan pursuant to Neb. Rev. Stat. § 43-2929 (Reissue 2008).”
— Neb. Rev. Stat. § 43-2929(1) — 6 cases
Becher v. Becher, 299 Neb. 206 (Neb. 2018).
“30 § 43-2929(1). 31 See Zahl v . Zahl , 273 Neb.”
— Neb. Rev. Stat. § 43-2929(1)(a) — 2 cases
Kamal v. Imroz, 759 N.W.2d 914 (Neb. 2009).
“" [1] Section 43-2929 lists the determinations the trial court is to make when developing the parenting plan, including legal and physical custody of each child; apportionment of parenting time, visitation, and holidays; location of each child during the week, weekend, and given…”
— Neb. Rev. Stat. § 43-2929(1)(b) — 1 case
— Neb. Rev. Stat. § 43-2929(1)(b)(i) — 3 cases
Vyhlidal v. Vyhlidal, 973 N.W.2d 171 (Neb. 2022).
“§ 43-2929 (Reissue 2016). - 496 - Nebraska Supreme Court Advance Sheets 311 Nebraska Reports VYHLIDAL v.”
Sulzle v. Sulzle, 318 Neb. 194 (Neb. 2024).
“4 If a parenting plan “lacks any of the elements required by the act,” 5 the court shall either modify and approve the parenting plan as modified, reject the parenting plan and order the parties to develop a new parenting plan, or reject the parenting plan and create a parenting…”
— Neb. Rev. Stat. § 43-2929(1)(b)(ii) — 2 cases
Sulzle v. Sulzle, 318 Neb. 194 (Neb. 2024).
“4 If a parenting plan “lacks any of the elements required by the act,” 5 the court shall either modify and approve the parenting plan as modified, reject the parenting plan and order the parties to develop a new parenting plan, or reject the parenting plan and create a parenting…”
— Neb. Rev. Stat. § 43-2929(1)(b)(ix) — 1 case
Schriner v. Schriner, 25 Neb. Ct. App. 165 (Neb. Ct. App. 2017).
“Pursuant to Neb. Rev. Stat. § 43-2929 (1)(b)(ix) (Reissue 2016), the parenting plan shall include provisions for safety when a pre- ponderance of the evidence establishes child abuse or neglect, domestic intimate partner abuse, unresolved parental conflict, or criminal activity…”
— Neb. Rev. Stat. § 43-2929(1)(b)(v) — 1 case
— Neb. Rev. Stat. § 43-2929(4) — 1 case
Tyler F. v. Sara P., 306 Neb. 397 (Neb. 2020).
“) This “both parents” language is used in other parts of the Parenting Act, including the following sections: § 43-2924(2), in describing the applicability of the Parenting Act for custody determina- tions; § 43-2929(4), in explaining that both parents continue to have parental…”
— Neb. Rev. Stat. § 43-2929(5) — 1 case
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