Nebraska Child Custody-Sole Legal and Physical or Joint Custody...BY: BARBARA W.

Link for opinion: http://www.leagle.com/decision/In%20NECO%2020090130285 Title: Nebraska Child Custody-Sole Legal and Physical or Joint Custody The Nebraska District Court of Appeals held in Kamal v. Imroz, 277 Neb. 116, 759 N.W.2d 914 (2009) that there was no error in their decision to grant full physical and legal custody of a minor child to the mother. Sohel Mohammed Imroz is appealing the Douglas County District court’s decision to award full legal and physical custody of his son to his ex-wife. In December of 2004 Kamal moved out of the apartment she shared with her Husband and into her parent’s home with her son. The couple lived separate lives until July 2006 when Kamal filed for divorce. She filed a motion for a restraining order against her Husband and for sole legal and physical custody of the son, stating her ex-husband could be aggressive and angry, and she feared for her son’s safety as well as fearing he would take their child out of the country to Bangladesh without her consent or knowledge. Other allegations against her ex-Husband included that he would lock her in the apartment for the day while he was at work, that he did not provide for her during their marriage and that he was an Islamic Fundamentalist and wished to raise their son as one. Kamal feared her ex-husband would take their son out of the country to Bangladesh without her knowing, or with her consent. Imroz denied the claims. The facts of the case were that Kamal was working from home and was the primary care-giver for their son. She is an International Student, who is sponsored by her Mother and is seeking to retain her student visa. Imoz is a U.S citizen, working full time. He is seeking joint custody, or sole custody of their son. Both parties’ attorneys have had to be involved with visitation decisions due to high tension between the couple. The courts held that though both Kamal and Imroz were fit to have custody of the child, joint custody was not an option due to the tension between the parents. For their son’s best interest they decided the child should remain in the Mother’s sole custody, as she has a much more flexible schedule working from home, awarded liberal visitation to Imroz, and that neither party will remove the child from the country without the others written consent. Neb.Rev.Stat. § 42-364(3) (Reissue 2008) States (3) Custody of a minor child may be placed with both parents on a joint legal custody or joint physical custody basis, or both, (a) when both parents agree to such an arrangement in the parenting plan and the court determines that such an arrangement is in the best interests of the child or (b) if the court specifically finds, after a hearing in open court, that joint physical custody or joint legal custody, or both, is in the best interests of the minor child regardless of any parental agreement or consent.