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Filed on
Friday, October 24, 2014
Summary: The Nebraska Supreme Court reversed 22 Neb. App. 70 and upheld Colfax County Court’s original decision terminating the father’s rights based on abandonment. The Court of Appeals had reversed the original decision regarding abandonment citing uncertainty regarding paternity and also a lack...Read more
Filed on
Tuesday, June 3, 2014
SUMMARY: There was not clear and convincing evidence that the father knew or believed he was the child’s father so there was insufficient evidence to prove abandonment and, in any event, his incarceration was a circumstance beyond his control that would also preclude a finding of abandonment...Read more
Filed on
Friday, November 22, 2013
SUMMARY: A Nebraska juvenile court does not have jurisdiction of a newborn child who was born in Nebraska but immediately went to live with relatives in Iowa prior to a petition being filed. Violet was born in Douglas County in November 2012 to Abigael, who tested positive for methamphetamine,...Read more
Filed on
Friday, December 14, 2012
SUMMARY: The court’s order for DHHS to pay opposing counsel’s attorneys fees was improper because failure to send reports prior to the hearing is not direct contempt and thus requires reasonable notice and opportunity to be heard. A petition was filed as to the children on October 22, 2010, and a...Read more
Filed on
Thursday, April 13, 2017
SUMMARY: Admission of the caseworker’s court reports and the father’s letters satisfied requirements of procedural due process. Mia, DOB 4/07, was born testing positive for methamphetamine and removed from the mother’s home. The mother and father were married but the father was frequently...Read more
Filed on
Thursday, December 31, 2009
SUMMARY: A difference in physical appearance between the parent and child or a suspicion based on infidelity are not just causes for abandonment of a child born in wedlock. Chance, DOB 4/17/06, was removed from the mother’s care in June 2007. On February 6, 2002, the mother, Miranda, married Andrew...Read more
Filed on
Tuesday, June 2, 2009
SUMMARY: The father did not abandon the child for purposes of 43-292 as he reasonably believed at birth that he was not the biological father of the child, had no contact with the mother or DHHS until the termination petition was filed, and made efforts to become involved once finding out he was...Read more
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