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Child Support Enforcement - Sarpy County Nebraska

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issued a transfer order, a certified copy of which has been filed in the county court,<br />

sitting as a juvenile court, or in the separate juvenile court.<br />

in 2008, the Legislature enacted L.B. 280, which was intended to expand the<br />

juvenile court’s jurisdiction to include custody determinations for juveniles whom the<br />

court has adjudicated under § 43-247(3).<br />

Under § 25-2740(3), the jurisdiction conferred on a county court to decide custody<br />

issues clearly refers to a county court sitting as a juvenile court because the court<br />

must have already obtained jurisdiction over the child. But § 25-2740(3) provides a<br />

juvenile court with concurrent jurisdiction over a custody determination for an<br />

adjudicated juvenile, not exclusive jurisdiction.<br />

the juvenile court cannot acquire jurisdiction over a custody determination unless a<br />

party has previously filed a complaint for a dissolution or a custody modification in<br />

district court.<br />

<strong>Nebraska</strong> v. Storz, 235 Neb. 368, 455 N.W.2d 182 (1990)<br />

<strong>Child</strong> conceived after the divorce decree was signed but before the parents’ divorce<br />

decree was final is a child of the marriage, and only the court which heard the<br />

divorce has the jurisdiction to address issues relating to the support of the child.<br />

Rozsnyai v. Svacek, 272 Neb. 567, 723 N.W.2d 329 (2006)<br />

Pursuant to Neb. Rev. Stat. § 42-351 (Reissue 2004), full and complete general<br />

jurisdiction over the entire marital relationship and all related matters is vested in the<br />

county or district court in which a petition for dissolution of marriage is properly filed.<br />

Neb. Rev. Stat. §42-349 (Reissue 2004) provides that in order to maintain an action<br />

for divorce in <strong>Nebraska</strong>, one of the parties must have had “actual residence in this<br />

state with a bona fide intention of making this state his or her permanent home for at<br />

least one year prior to the filing of the complaint.”<br />

A nonimmigrant alien authorized to reside in this country on a visitor’s visa does so<br />

on a temporary basis and on the condition that he or she is not abandoning his or<br />

her foreign residence. 8 U.S.C. §1101(a)(15)(B); 8 C.F.R. §214.2(b) (2006). The<br />

residency restrictions placed on a nonimmigrant alien residing on a visitor’s visa<br />

negates the inference that a nonimmigrant alien intends to reside in <strong>Nebraska</strong> on a<br />

permanent basis merely because he or she has resided in this state for more than 1<br />

year.<br />

There may be instances where a nonimmigrant alien is able to establish an intention<br />

to reside in a state permanently when the alien has offered proof of that intent apart<br />

from his or her presence in that state.<br />

Small v. Small, 229 Neb. 344, 427 N.W.2d 42 (1988)<br />

A district court cannot acquire jurisdiction over dissolution of marriage proceedings<br />

unless one of the parties is a resident of the county in which the court is located at<br />

the time the original petition is filed.<br />

State, Dept. of Social Services v. Cummings, 2 Neb. App. 820, 515 N.W.2d 680 (1994)<br />

Act of sexual intercourse in <strong>Nebraska</strong> that leads to conception constitutes sufficient<br />

minimum contacts with state of <strong>Nebraska</strong> to give our court jurisdiction over out-ofstate<br />

resident in paternity action.<br />

State ex rel. Storz v. Storz, 235 Neb. 368, 455 N.W.2d 182 (1990)<br />

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