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Child Support Enforcement - Sarpy County Nebraska

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abandoned his or her family, the guardianship devolves upon the other except as otherwise<br />

provided in this section.<br />

(b) In the appointment of a parent as a guardian when the other parent has died and the child was<br />

born out of wedlock, the court shall consider the wishes of the deceased parent as expressed in a<br />

valid will executed by the deceased parent. If in such valid will the deceased parent designates<br />

someone other than the other natural parent as guardian for the minor children, the court shall<br />

take into consideration the designation by the deceased parent. In determining whether or not the<br />

natural parent should be given priority in awarding custody, the court shall also consider the<br />

natural parent's acknowledgment of paternity, payment of child support, and whether the natural<br />

parent is a fit, proper, and suitable custodial parent for the child.<br />

(c) The court may appoint a standby guardian for a minor whose parent is chronically ill or near<br />

death. The appointment of a guardian under this subsection does not suspend or terminate the<br />

parent's parental rights of custody to the minor. The standby guardian's authority would take<br />

effect, if the minor is left without a remaining parent, upon (1) the death of the parent, (2) the<br />

mental incapacity of the parent, or (3) the physical debilitation and consent of the parent.<br />

(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 />

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