Child Support Enforcement - Sarpy County Nebraska

(d) If, at any time in the proceeding, the court determines that the interests of the minor are or
may be inadequately represented, it may appoint an attorney to represent the minor, giving
consideration to the preference of the minor if the minor is fourteen years of age or older.
Source: Laws 1974, LB 354, § 229, UPC § 5-207; Laws 1978, LB 650, § 20.
Farnsworth v. Farnsworth, 276 Neb. 653, 756 N.W.2d 522 (2008)
Although the question present in every child custody case is the best interests of the
child, a court cannot overlook or disregard that the best interests standard is subject
to the overriding recognition that the relationship between parent and child is
constitutionally protected. The U.S. Supreme Court has held that due process of law
requires a parent to be granted a hearing on his or her fitness as a parent before
being deprived of custody. And the right of a parent to the care, custody, and
management of his or her children is considered one of the most basic rights of man.
(citing Stanley v. Illinois, 405 U.S. 645, 92 S. Ct. 1208, 31 L. Ed. 2d 551 (1972))
in re Guardianship of Elizabeth H., 17 Neb. App. 752, 771 N.W.2d 185 (2009)
This Mom managed to convince the court of appeals that she was unfit. Not an easy task.
A guardianship is no more than a temporary custody arrangement established for
the well-being of a child. The appointment of a guardian is not a de facto termination
of parental rights, which results in a final and complete severance of the child from
the parent and removes the entire bundle of parental rights. Rather, guardianships
give parents an opportunity to temporarily relieve themselves of the burdens
involved in raising a child, thereby enabling parents to take those steps
necessary to better their situation so they can resume custody of their child in
the future.
Granting one legal custody of a child confers neither parenthood nor adoption; a
guardian is subject to removal at any time.
The parental preference principle applies in guardianship proceedings that affect
child custody.
The parental preference principle establishes a rebuttable presumption that the best
interests of a child are served by reuniting the child with his or her parent.
The parental preference principle provides that a parent has a natural right to the
custody of his or her child which trumps the interest of strangers to the parent-child
relationship and the preferences of the child.
An individual who seeks appointment as a guardian over the objection of a biological
or adoptive parent bears the burden of proving by clear and convincing evidence
that the biological or adoptive parent is unfit or has forfeited his or her right to
custody. Absent such proof, the constitutional dimensions of the relationship
between parent and child require a court to deny the request for a guardianship.
Parental unfitness means a personal deficiency or incapacity which has prevented,
or will probably prevent, performance of a reasonable parental obligation in child
rearing and which has caused, or probably will result in, detriment to a child‘s wellbeing.
In re Guardianship of Robert D., 269 Neb. 820, 696 N.W.2d 461 (2005)
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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