S-24-0251 In re Interest of Tomas J. Marvin T. Jose Mateo. (Appellant) v. Mateo Tomas Mateo and Ana Jose Juan (Appellees)
Appeal from the County Court for Hall County, Judge Arthur S. Wetzel
Attorneys: David V. Chipman (Monzón, Guerra & Chipman for Appellant), Roxana Cortes-Mills (Center for Immigrant and Refugee Advancement as amicus curiae), and Dylan Severino and Rose Godinez (ACLU Foundation of Nebraska, Inc. as amicus curiae)
Probate: Guardianship of a minor child
Proceedings below: Because the minor child’s parents are not living in the United States, Appellant filed a petition seeking guardianship of the minor child, which the county court denied. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant makes the following assignments of error: 1) The county court erred by finding “the least restrictive alternative” standard applicable to a petition for the appointment of a guardianship of a minor; 2) The county court erred by failing to appoint Marvin T. Jose Mateo as the guardian of the minor child, Tomas J.; 3) The county court erred by failing to make the special findings of fact regarding the best interest of the minor child, including a) reunification with the minor child’s parents is not viable due to abuse and neglect; and b) that it would not be in the minor child’s best interest to return to Guatemala; and 4) Appellant’s appeal should not be found as moot if the minor child reaches the age of majority prior to this Court’s decision.