S-17-0689, Frederick Heiden and Ann Heiden v. Tracy J. Norris (Appellant)
District Court for Hamilton County, Hon. Rachel Daugherty
Attorneys: James M. Buchanan; Scott D. Grafton
Civil: Grandparent Visitation
Proceedings below: District court granted Frederick and Ann Heiden grandparent visitation with three minor children whose father is Tracy Norris. District court overruled Norris’ motions to vacate and/or to alter or amend the visitation order.
Issues: Issues: Whether the district court abused its discretion by failing to address the properly-raised issue of the Heidens’ standing to bring this action under Neb. Rev. Stat. § 43-1801.
S-17-0689, Frederick Heiden and Ann Heiden v. Tracy J. Norris (Appellant)
District Court for Hamilton County, Hon. Rachel Daugherty
Attorneys: Scott D. Grafton (Grafton Law Office, P.C., L.L.O.)(for Appellees Frederick and Ann Heiden) --- James M. Buchanan (James M. Buchanan, P.C., L.L.O.)(for Appellant Tracy Norris)
Type of case: This is a civil case tried to a judge regarding a dispute over grandparent visitation.
Proceedings below: The district court granted the Heidens’ request for grandparent visitation with Tracy Norris’ three children. The district court overruled Tracy’s motions to vacate and/or to alter or amend the visitation order.
Issues: Whether the district court abused its discretion by failing to address the properly-raised issue of the Heidens’ standing to bring this action under Neb. Rev. Stat. § 43-1801.
Facts: Tracy and Katie Norris had three children together. They were divorced in 2016 in Hamilton County, Nebraska, where the children resided with until Katie died in July 2016. The children then moved to Colorado to live with Tracy. In October 2016, Frederick and Ann Heiden filed a complaint in Hamilton County, Nebraska against Tracy to establish grandparent visitation under Neb. Rev. Stat. §§ 43-1801 to -1803. The Heidens alleged that they were grandparents “as the context requires” because they have acted as grandparents of the children during their entire lives and that the children lived with them from November 2013 until Katie’s death in July 2016.
In December 2016, the Heidens filed a motion for default judgment because Tracy had not filed an answer or other pleading. Tracy did not appear in person or by counsel at a hearing on the motion. After the hearing, the district court granted the Heidens visitation with the children, finding it had personal and subject matter jurisdiction; that the children were residents of Hamilton County when Katie died; that the Heidens were the grandparents of the minor children “as the context requires;” and that it was in the children’s best interests to continue their relationship with the Heidens.
Tracy thereafter filed motions to vacate and to stay the visitation order. He also filed a motion to dismiss the action, alleging that the Nebraska court lacked jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) because he and the children were residents of Colorado. After a hearing, the court overruled Tracy’s motions, specifically finding that it had jurisdiction under the UCCJEA because the children had resided in Nebraska until their mother died.
Tracy later filed another motion to vacate, alter or amend the visitation order, arguing that the Heidens did not have standing and that the district court did not have jurisdiction under §§ 43-1801-1803 because they did not allege or establish that they were Katie’s biological or adoptive parents, but rather that they had “acted as” the grandparents. The district court overruled Tracy’s motion, stating it had previously ruled it had jurisdiction.
Tracy now appeals. Both sides submitted written briefs to the Supreme Court. After hearing arguments from both sides at an oral argument before the Supreme Court, the Court will submit the case for disposition, and will issue an opinion in the coming months.