By Andrea Hardesty – Goosmann Law Omaha – Omaha Divorce and Child Custody Lawyer
*Note: This blog post is for informational purposes only and should not be construed as legal advice or relied upon in lieu of obtaining legal advice regarding the exact particulars of your individual situation in this very complex area of Nebraska law.
Family law emergencies can happen without warning – they are often unpredictable events that pose serious safety concerns related to children. In those moments, Nebraska district courts have authority to act fast by issuing an emergency ex parte order.
These orders can change custody or parenting arrangements on an emergency basis, but they’re meant to be limited in durations to stabilize the situation before there can be a hearing. They are not intended to decide the temporary or final outcome.
Knowing what qualifies as an emergency, the standard for obtaining an order, and what happens next under Nebraska law can help parents act wisely during a crisis.
What is an Emergency (Ex Parte) Custody Order?
In Nebraska family law, an emergency custody order – also known as an ex parte order – is a short-term order issued without notice to the other parent. “Ex Parte” means the judge hears from only one party initially because there’s an allegation of immediate danger to a child.
These situations most often arise in divorce, paternity, or custody modification cases when one parent alleges that the other parent’s conduct – such as violence, substance abuse, or neglect – poses an imminent risk to the child’s safety.
Nebraska district courts have broad authority to issue such temporary relief under their equitable powers to protect the best interests of children.
The Legal Standard: Proving an Emergency Exists
Judges issue ex parte orders only in extraordinary circumstances. The standard is intentionally strict, ensuring that due process is only delayed when truly necessary.
To obtain an emergency order, the requesting party must demonstrate through sworn affidavits or verified pleadings that:
- Immediate and irreparable harm will occur without court action;
- The alleged danger is specific and imminent, not speculative; and
- There is credible evidence that the child’s physical or emotional safety is at risk.
Courts will not grant emergency custody based on ordinary parenting disputes or personal grievances. Judges use this tool sparingly, reserving it for situations where waiting for a standard hearing could cause actual harm.
The Ten-Day Rule: Due Process on a Deadline
Because ex parte orders are entered without notice, Nebraska law limits how long they can remain in effect.
Under Neb. Rev. Stat. § 42-357, an ex parte custody order shall remain in force no longer than ten days or until a hearing is held, whichever is earlier.
At that hearing, both parties have the opportunity to present evidence and arguments. The judge may then: dissolve the emergency order, modify it, or continue it as a temporary custody order pending final resolution. Once the hearing occurs, the ex parte order loses its “emergency” character and becomes a standard temporary order, which stays in place until trial or final decree.
From Emergency to Temporary and Final Orders
If the court finds continued protection is needed, the emergency order transitions into a temporary order. Temporary custody orders can govern parenting time, decision-making, and support while the case proceeds. Although these orders can significantly affect family dynamics, they are not final – and therefore not immediately appealable under Nebraska law.
The reasoning is simple: the trial court retains full authority to revisit temporary orders at any time before the final decree, so an appellate court lacks jurisdiction to review them.
Only when the matter goes to trial will a final order or modification be entered (or a dismissal of the action)
If you believe an emergency or temporary order was wrongly entered, your remedy is not an immediate appeal—it’s to request modification or present additional evidence at the next hearing.
Conclusion
Emergency custody orders in Nebraska are both powerful and provisional. They protect children from immediate harm, but do not determine long-term custody. The ten-day hearing rule ensures that both sides are heard promptly – yet those few days can dramatically shape how the rest of the case unfolds.
If you believe your child is in immediate danger, or you’ve been served with an emergency order, contact an experienced Nebraska family law attorney immediately.
At Goosmann Law Firm, our attorneys have extensive experience handling custody emergencies, ex parte hearings, and temporary order disputes throughout Nebraska. We understand how stressful these situations are, and we move quickly to protect your rights – and your children’s safety.
Contact us today to schedule a consultation and learn how our family law team can help you protect what matters most.
About the Author:
https://www.goosmannlaw.com/team-member/andrea-hardesty/
About Goosmann Law:
https://www.goosmannlaw.com/services/divorce-family-law/