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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 908
Introduced by Storm, 23; Lonowski, 33.
Read first time January 08, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to the Parenting Act; to amend section1
43-2923, Reissue Revised Statutes of Nebraska; to require courts to2
consider certain research in determining the best interests of the3
child; and to repeal the original section. 4
Be it enacted by the people of the State of Nebraska,5
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Section 1. Section 43-2923, Reissue Revised Statutes of Nebraska, is1
amended to read: 2
43-2923 The best interests of the child require:3
(1) A parenting arrangement and parenting plan or other court-4
ordered arrangement which provides for a child's safety, emotional5
growth, health, stability, and physical care and regular and continuous6
school attendance and progress for school-age children;7
(2) When a preponderance of the evidence indicates domestic intimate8
partner abuse, a parenting and visitation arrangement that provides for9
the safety of a victim parent; 10
(3) That the child's families and those serving in parenting roles11
remain appropriately active and involved in parenting with safe,12
appropriate, continuing quality contact between children and their13
families when they have shown the ability to act in the best interests of14
the child and have shared in the responsibilities of raising the child;15
(4) That even when parents have voluntarily negotiated or mutually16
mediated and agreed upon a parenting plan, the court shall determine17
whether it is in the best interests of the child for parents to maintain18
continued communications with each other and to make joint decisions in19
performing parenting functions as are necessary for the care and healthy20
development of the child. If the court rejects a parenting plan, the21
court shall provide written findings as to why the parenting plan is not22
in the best interests of the child; 23
(5) That certain principles provide a basis upon which education of24
parents is delivered and upon which negotiation and mediation of25
parenting plans are conducted. Such principles shall include: To minimize26
the potentially negative impact of parental conflict on children; to27
provide parents the tools they need to reach parenting decisions that are28
in the best interests of a child; to provide alternative dispute29
resolution or specialized alternative dispute resolution options that are30
less adversarial for the child and the family; to ensure that the child's31
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voice is heard and considered in parenting decisions; to maximize the1
safety of family members through the justice process; and, in cases of2
domestic intimate partner abuse or child abuse or neglect, to incorporate3
the principles of victim safety and sensitivity, offender accountability,4
and community safety in parenting plan decisions; and5
(6) In determining custody and parenting arrangements, the court6
shall consider the best interests of the minor child, which shall7
include, but not be limited to, consideration of the foregoing factors8
and: 9
(a) The relationship of the minor child to each parent prior to the10
commencement of the action or any subsequent hearing;11
(b) The desires and wishes of the minor child, if of an age of12
comprehension but regardless of chronological age, when such desires and13
wishes are based on sound reasoning; 14
(c) The general health, welfare, and social behavior of the minor15
child; 16
(d) Credible research showing increased intellectual and social17
growth in children who have equal access to both parents;18
(e) (d) Credible evidence of abuse inflicted on any family or19
household member. For purposes of this subdivision, abuse and family or20
household member shall have the meanings prescribed in section 42-903;21
and 22
(f) (e) Credible evidence of child abuse or neglect or domestic23
intimate partner abuse. For purposes of this subdivision, the definitions24
in section 43-2922 shall be used. 25
Sec. 2. Original section 43-2923, Reissue Revised Statutes of26
Nebraska, is repealed. 27
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