A-24-60, Jamar Adams v. Erika Fuller (Appellant)
Douglas County, District Court, Judge Todd O. Engleman
Attorney for Appellant: Kelly T. Shattuck (Vacanti, Shattuck & Finocchiaro)
Attorney for Appellee: Jamie E. Kinkaid (Spectre Law, LLC)
Civil Action: Modification of Child Custody
Action Taken by Trial Court: In 2021, Jamar and Erika stipulated to a consent decree for paternity, custody, parenting time and support regarding their son. Under the consent decree, the parties were awarded joint legal custody with mutual decision authority and Erika was given primary physical custody and permission to move with the child to California. Jamar was awarded parenting time with the child in Nebraska and monthly visitation after the move to California.
In 2022, Jamar filed a complaint for modification and a motion to show cause for contempt. Following a trial in 2023, the district court entered an Order of Modification that awarded joint legal and physical custody of the minor child to the parties, with Jamar being awarded primary physical residence and final say as it related to education and medical decisions. The court ordered Erika to pay child support, found her in willful contempt of court related to her failure to follow the visitation provisions of the Consent Decree, and ordered her to pay Jamar $10,000 for attorney fees.
Assignments of Error on Appeal: Erika assigns that the district court erred when it (1) set aside the 2021 Consent Decree of Paternity Custody and Support based on findings not supported by the evidence presented at trial, (2) determined a material change of circumstances took place following the entry of the parties’ 2021 consent decree and entered the modification order based on findings not supported by the record, (3) failed to apply the best interest standards or the removal standards when it ordered the return of the minor child from California to Nebraska and changed the custody arrangement in place under the 2021 consent decree, and (4) found her in contempt of court, setting aside child support utilizing imputed income and attorney fees without sufficient evidence.