WEBEX
S-20-0264 Arleene E. Carroll v. Gabriel W. Gould (Appellee) v. James Gould (Appellant/Intervenor)
Sarpy County District Court, Hon. George A. Thompson
Attorneys: Kory L. Quandt (Anderson, Bressman, Hoffman & Jacobs, P.C. L.L.O., for Appellant/Intervenor) --- Alan D. Martin (Law Office of Alan D. Martin, for Appellee)
Civil: Motion to intervene; Child custody; In loco parentis
Proceedings Below: The district court granted temporary physical custody of a minor child to the biological father, subject to the mother’s reasonable parenting time. The court denied a complaint to intervene filed pursuant to Neb. Rev. Stat. § 25-328 (Reissue 2016) by the paternal grandfather, which asserted that the grandfather stood in loco parentis to the child.
Issue on Appeal: Whether the court was required to accept the complaint allegations as true when it denied intervention based on court files, pleadings, and affidavits.