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Nebraska Grandparents' Rights

Significant Beneficial Relationship Is Required

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Nebraska's landscapes can be bucolic, but family relationships aren't always peaceful.

Photo © Nebraska Tourism

Nebraska's grandparent visitation laws have been described as "narrowly drawn." Of course, the law speaks of the best interests of the child, but parental rights are strongly protected as well.

Grandparents in Nebraska may petition for visitation if at least one of the child’s parents is deceased, if the marriage of the parents has been dissolved or a petition for dissolution is pending, or if the child’s parents have never been married but paternity has been legally established. The grandparent must file an affidavit offering evidence that a "significant beneficial relationship exists, or has existed in the past." As in all of the United States, the court must find that the grandparent-grandchild relationship is in the best interest of the child. In addition, the court must find that that visitation will not "adversely interfere" with the relationship between parent and child. The court may modify a visitation order if there is a "material change" in the child's circumstances.

Nebraska law does not cite factors to be considered in determining the best interest of the child, but an annotation to the statute mentions several relevant court cases. In one of these cases, Raney v. Blecha, the finding was that adoption does not automatically end grandparent visitation rights.

See Nebraska Statute 43-1802.

Go back to grandparents rights by state.

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