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Child Custody Preference Age in Nebraska

Nebraska names no age; the court considers the child's desires and wishes if the child is of an age of comprehension and the wishes are based on sound reasoning, but they are not controlling.

Last checked . General information, not legal advice.

Nebraska at a glance

Age named in statute
No age named
The statute applies regardless of chronological age if the child is of an age of comprehension.
How the preference is weighed
Factor if based on sound reasoning
Considered if the child is of an age of comprehension and the wishes rest on sound reasoning.
Preference can be decisive
No, not controlling

Sources

Last checked

The rules in Nebraska

At what age does a child's custody preference count in Nebraska?

Age named in statute in Nebraska: No age named. The statute applies regardless of chronological age if the child is of an age of comprehension.

How do courts in Nebraska weigh a child's custody preference?

How the preference is weighed in Nebraska: Factor if based on sound reasoning. Considered if the child is of an age of comprehension and the wishes rest on sound reasoning.

Can a child's preference decide custody in Nebraska?

No, not controlling. Preference can be decisive in Nebraska: no, not controlling.

Where do the Nebraska child custody preference laws come from?

The rules above come from Neb. Rev. Stat. 43-2923(6)(b). Each source is linked on this page. We last checked them in October 2026.

Good to know

Section 43-2923 was most recently amended by Laws 2026, LB965; the child's wishes factor in (6)(b) remains in the current text.

The Nebraska Supreme Court has held that a 15-year-old's custody preference is entitled to consideration but is not controlling (Leners v. Leners, 302 Neb. 904 (2019)).

What this means in practice

A child's preference is rarely the only thing a court looks at. Judges also weigh each parent's ability to care for the child, the child's ties to home, school and community, and any history of abuse or conflict. A clear preference from an older, mature child can carry real weight, but it does not replace the best interests test.

Courts often hear from children privately, for example in a judge's chambers, through a guardian ad litem, or through a custody evaluator, rather than on the witness stand. The process and who may be present depend on local court rules and the judge's discretion.

Courts look closely at whether a preference is the child's own view or the result of pressure from a parent. Coaching a child or promising rewards for choosing a side can hurt a parent's case. Parents who reach their own arrangement can record it in a parenting plan or settlement agreement for the court to review.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.