Child Support Enforcement - Sarpy County Nebraska

―unrelated‖ person in various articulations of the parental preference doctrine, this is
somewhat misstated. The reality is that anyone other than a natural parent is
―unrelated,‖ even though the person seeking custody may be family.
Gartner v. Hume, 12 Neb. App. 741, 686 N.W.2d 58 (2004)
Child Custody. To prevail on a motion to remove a minor child to another jurisdiction,
the custodial parent must first satisfy the court that he or she has a legitimate reason
for leaving the state. After clearing that threshold, the custodial parent must next
demonstrate that it is in the child‘s best interests to continue living with him or her.
[See also the Removal of Minor Child from Nebraska section.]
Grange v. Grange, 15 Neb. App. 297, 725 N.W.2d 853 (2006)
Ordinarily, custody of a minor child will not be modified unless there has been a
material change in circumstances showing that the custodial parent is unfit or that
the best interests of the child require such action. Heistand v. Heistand, 267 Neb.
300, 673 N.W.2d 541 (2004).
A decree of divorce, insofar as minor children are concerned, is never final in the
sense that it cannot be changed, but is subject to review at any time in the light of
changing conditions. See Matson v. Matson, 175 Neb. 60, 120 N.W.2d 364 (1963).
Haynes v. Haynes, 205 Neb. 35, 286 N.W.2d 108 (1979)
While it is true that a parent has a natural right to the custody of his child, the court is
not bound as a matter of law to restore a child to a parent under any and all
circumstances. The welfare of a child of tender years is paramount to the wishes of
the parent where it has formed a natural attachment for persons who have long been
in the relation of parents with the parents‘ approval and consent
Hibbard v. Hibbard, 230 Neb. 364, 366, 431 N.W.2d 637, 639 (1988).
Children have the right to be treated as interested and affected persons and not as
pawns or chattel of either or both parents.
Hickenbottom v. Hickenbottom; 239 Neb. 579; 477 N.W.2d 8 (1991)
[T]he parties in a proceeding to dissolve a marriage cannot control the disposition of
minor children by agreement. Hicks v. Hicks, 223 Neb. 189, 388 N.W.2d 510 (1986)
A stepfather is the husband of a child‘s mother by virtue of a marriage subsequent
to that of which the child is the offspring; thus, a husband who divorces the mother of
such a child is no longer the child‘s stepfather.
[U]nder appropriate circumstances, an ex-stepparent is entitled to visitation with a
former stepchild.
In re Interest of Brian B. et al., 268 Neb. 870, 689 N.W.2d 184 (2004)
The right of parents to maintain custody of their child is a natural right, subject only
to the paramount interest which the public has in the protection of the rights of the
child.
In re Interest of Lakota Z. & Jacob H., 282 Neb. 584, ___ N.W.2d ___ (October 2011)
Under the parental preference principle, a parent‘s natural right to the custody of his
or her child trumps the interests of strangers to the parent-child relationship and the
preferences of the child.
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