43-2932 Parenting plan; limitations to protect child or child's parent from harm; effect of court determination; burden of proof.
43-2932. Parenting plan; limitations to protect child or child's parent from harm; effect of court determination; burden of proof.(1) When the court is required to develop a parenting plan:(a) If a preponderance of the evidence demonstrates, the court shall determine whether a parent who would otherwise be allocated custody, parenting time, visitation, or other access to the child under a parenting plan:(i) Has committed child abuse or neglect;(ii) Has committed child abandonment under section 28-705;(iii) Has committed domestic intimate partner abuse; or(iv) Has interfered persistently with the other parent's access to the child, except in the case of actions taken for the purpose of protecting the safety of the child or the interfering parent or another family member, pending adjudication of the facts underlying that belief; and(b) If a parent is found to have engaged in any activity specified by subdivision (1)(a) of this section, limits shall be imposed that are reasonably calculated to protect the child or child's parent from harm. The limitations may include, but are not limited to:(i) An adjustment of the custody of the child, including the allocation of sole legal custody or physical custody to one parent;(ii) Supervision of the parenting time, visitation, or other access between a parent and the child;(iii) Exchange of the child between parents through an intermediary or in a protected setting;(iv) Restraints on the parent from communication with or proximity to the other parent or the child;(v) A requirement that the parent abstain from possession or consumption of alcohol or nonprescribed drugs while exercising custodial responsibility and in a prescribed period immediately preceding such exercise;(vi) Denial of overnight physical custodial parenting time;(vii) Restrictions on the presence of specific persons while the parent is with the child;(viii) A requirement that the parent post a bond to secure return of the child following a period in which the parent is exercising physical custodial parenting time or to secure other performance required by the court; or(ix) Any other constraints or conditions deemed necessary to provide for the safety of the child, a child's parent, or any person whose safety immediately affects the child's welfare.(2) A court determination under this section shall not be considered a report for purposes of inclusion in the central register of child protection cases pursuant to the Child Protection Act.(3) If a parent is found to have engaged in any activity specified in subsection (1) of this section, the court shall not order legal or physical custody to be given to that parent without making special written findings that the child and other parent can be adequately protected from harm by such limits as it may impose under such subsection. The parent found to have engaged in the behavior specified in subsection (1) of this section has the burden of proving that legal or physical custody, parenting time, visitation, or other access to that parent will not endanger the child or the other parent. SourceLaws 2007, LB554, § 13; Laws 2008, LB1014, § 62.Operative Date: April 17, 2008 Cross ReferencesChild Protection Act, see section 28-710.