Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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(d) …<br />
(e) The petition and all other court filings for a guardianship proceeding shall be filed with the<br />
clerk of the county court. The party shall state in the petition whether such party requests that the<br />
proceeding be heard by the county court or, in cases in which a separate juvenile court already<br />
has jurisdiction over the child in need of a guardian under the <strong>Nebraska</strong> Juvenile Code, such<br />
separate juvenile court. Such proceeding is considered a county court proceeding even if heard<br />
by a separate juvenile court judge and an order of the separate juvenile court in such<br />
guardianship proceeding has the force and effect of a county court order.<br />
…<br />
Source: Laws 1974, LB 354, § 226, UPC § 5-204; Laws 1995, LB 712, § 18; Laws 1998, LB 1041, § 4;<br />
Laws 1999, LB 375, § 1.<br />
§ 30-2610 Court appointment of guardian of minor; qualification; priority of minor's<br />
nominee. The court may appoint as guardian any person whose appointment would be in the best<br />
interests of the minor. The court shall appoint a person nominated by the minor, if the minor is<br />
fourteen years of age or older, unless the court finds the appointment contrary to the best<br />
interests of the minor.<br />
Source: Laws 1974, LB 354, § 228, UPC § 5-206<br />
§ 30-2611 Court appointment of guardian of minor; procedure.<br />
(a) Notice of the time and place of hearing of a petition for the appointment of a guardian of a<br />
minor is to be given by the petitioner in the manner prescribed by section 30-2220 to:<br />
(1) the minor, if he is fourteen or more years of age;<br />
(2) the person who has had the principal care and custody of the minor during the sixty days<br />
preceding the date of the petition; and<br />
(3) any living parent of the minor.<br />
(b) Upon hearing, if the court finds that a qualified person seeks appointment, venue is proper,<br />
the required notices have been given, the requirements of section 30-2608 have been met, and<br />
the welfare and best interests of the minor will be served by the requested appointment, it shall<br />
make the appointment. In other cases the court may dismiss the proceedings, or make any other<br />
disposition of the matter that will best serve the interest of the minor.<br />
(c) If necessary, the court may appoint a temporary guardian, with the status of an ordinary<br />
guardian of a minor, but the authority of a temporary guardian shall not last longer than six<br />
months. In an emergency, the court may appoint a temporary guardian of a minor without<br />
notice, pending notice and hearing.<br />
(d) If, at any time in the proceeding, the court determines that the interests of the minor are or<br />
may be inadequately represented, it may appoint an attorney to represent the minor, giving<br />
consideration to the preference of the minor if the minor is fourteen years of age or older.<br />
Source: Laws 1974, LB 354, § 229, UPC § 5-207; Laws 1978, LB 650, § 20.<br />
Farnsworth v. Farnsworth, 276 Neb. 653, 756 N.W.2d 522 (2008)<br />
Although the question present in every child custody case is the best interests of the<br />
child, a court cannot overlook or disregard that the best interests standard is subject<br />
to the overriding recognition that the relationship between parent and child is<br />
constitutionally protected. The U.S. Supreme Court has held that due process of law<br />
requires a parent to be granted a hearing on his or her fitness as a parent before<br />
being deprived of custody. And the right of a parent to the care, custody, and<br />
management of his or her children is considered one of the most basic rights of man.<br />
(citing Stanley v. Illinois, 405 U.S. 645, 92 S. Ct. 1208, 31 L. Ed. 2d 551 (1972))<br />
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