Law to Require Class for Divorcing Parents

A new version of the Nebraska Parenting Act signed into law in 2007 will create some additional requirements for parents undergoing a divorce starting in 2008. Beginning Jan. 1, parents who go through a divorce will be required to attend a basic-level parenting education class. The mandate is part of the new state law, LB554, which Gov. Dave Heineman signed during the summer.

The law emphasizes working toward the best interests of children, keeping children safe and recognizing the effects of domestic intimate partner abuse, child abuse or neglect. Most parts of the law go into effect in 2008, while some are delayed until 2010. While an earlier version of the Parenting Act allowed the courts to decide when a parenting class should be recommended, the court will now be required to refer parents to a state-approved course.

The change in the law is expected to have a significant impact on Hall County, where judges do not typically refer divorcing parents to the class, said Anne Buettner, a licensed mental health practitioner and marriage and family therapist who teaches the class for Hall and surrounding counties. The cost of the class is $40, which goes to the Central Mediation Center. Those who attend her class are primarily referrals from courts in other counties, Buettner said.

Hall County District Judge James Livingston was out of the office and unavailable for comment on the issue, while Hall County District Judge Teresa Luther declined to comment. One of the goals of the basic-level education class is to minimize the potentially negative impact of parental conflict on children, Buettner said. During the one-night, three-hour class, parents are given tools to help them adjust to their changing family situation and make decisions that are in the best interests of the child.

Course materials include information about the developmental stages of children, adjustments of children to parental separation, dispute resolution, domestic/intimate partner abuse and the legal process, among other topics. "It's not trying to legislate relationships," Buettner said. "This is all about the kids. "No doubt, it will make better adjustments for the children."

Participation in the class may be delayed or waived by the court if "good cause" is shown. Parents who don't attend the class, however, will not experience a delay in the entry of a final judgment on their case by more than six months and cannot be punished by incarceration, according to the law.

The court can also order parents to attend a second-level parenting education course if it determines evidence of child abuse or neglect, domestic intimate partner abuse or unresolved parental conflict. That course is not a requirement by law, however.

Children can be ordered to attend approved child-of-divorce education courses as well. Instructors and materials for the classes must be approved by the Nebraska Supreme Court for the class to satisfy the requirements of the law. Locally, the basic-level parenting classes will be offered in Grand Island, Kearney and McCook, while a Spanish-language course will be available in Lexington.

The second-level course will be available in Kearney as needed. Parents must also continue to submit parenting plans to the court, which generally includes an agreement between the two parties about parenting time and other arrangements. Those who can't agree on a parenting plan may be ordered by the court to participate in parenting plan mediation.

If they have not reached an agreement by July 1, 2010, however, the court will be required to order mediation. The new law should help families cope with the effects of divorce, spread awareness about violence and abuse and ensure the best interests of children are served, Buettner said. After all, she said, "You can't divorce your children."