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Bill

LB 908

Require courts to consider certain research in determining the best interests of the child under the Parenting Act

109th Legislature (2025-2026) Introduced by Jared Storm

Nebraska bill requiring courts to base child custody decisions on designated research evidence to promote consistency in best-interest determinations.

Referred to Judiciary Committee
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Bill Summary · LB 908

Legislative bill overview

LB 908 would require Nebraska courts to consider specific research evidence when making custody and parenting decisions under the state's Parenting Act. The bill establishes that judicial determinations of a child's best interests must incorporate findings from designated research or scientific studies. This represents a shift toward evidence-based decision-making in family law proceedings.

Why is this important

Court decisions on child custody directly affect millions of families and have lifelong consequences for children's wellbeing, stability, and development. By mandating consideration of research, the bill aims to reduce inconsistent rulings based on individual judicial discretion and instead ground decisions in validated scientific evidence. However, this also raises questions about which research gets prioritized and whether courts have the expertise and resources to properly evaluate complex studies.

Potential points of contention

  • Research selection criteria: The bill doesn't specify which research qualifies or who determines validity, potentially allowing courts or parties to cherry-pick studies supporting their position
  • Judicial resources and expertise: Courts may lack time and scientific literacy to properly evaluate peer-reviewed research, creating implementation challenges
  • Conflicting studies: Research on parenting outcomes often shows mixed results; mandating consideration could paralyze decisions when studies contradict or require courts to make judgment calls about scientific quality
  • Individual case variation: Research findings represent population-level trends but may not apply to specific families, potentially reducing flexibility in truly unusual circumstances

Compiled from official sources — confirm details with the bill’s official record.

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