S-21-0737 Suzette Kane (Appellant) v. Shauna Kane and Michael Leonard
Appeal from the District Court for Lancaster County, Judge Susan I. Strong
Attorneys: Linsey A. Camplin and Samuel S. Baue (McHenry Haszard Law Firm for Suzette Kane, Appellant) and David V. Chipman (Monzon Guerra Law Firm for Shauna Kane and Michael Leonard (Appellees))
Civil: Grandparent visitation rights
Proceedings Below: Suzette Kane sued her daughter (Shauna Kane) and former son-in-law (Michael Leonard) seeking grandparent visitation with her three grandchildren (Shauna’s and Michael’s three children). Suzette alleged that she has a right to see the children under Nebraska Grandparent Visitation statute as she has a close and loving relationship with her three grandchildren, that she has been unable to see the children, and that she has irreconcilable differences with Shauna and Michael. After being served, Shauna and Michael filed a Motion to Dismiss alleging that they have a Constitutional and fundamental right to the care, custody, and control of their children. Shauna and Michael argued that, “the grandparent visitation statute is an unconstitutional infringement on the Appellees’ [their] fundamental liberty interest in raising their children.” The district court agreed with the parents and found that Nebraska’s Grandparent Visitation statute, as applied in this case, to be an unconstitutional infringement on the parent’s fundamental liberty interest in raising their children. Suzette Kane appeals that decision and the case was moved to the Nebraska Supreme Court. The parties have filed briefs in this appeal, and the Supreme Court has set the case for oral argument.
Issues: The grandmother asserts on appeal that the district court erred in dismissing her petition to establish grandparent visitation.