S-19-1058 Meaghann Shaw Weaver v. John Glen Weaver (Appellant)
Douglas County District Court, Hon. James T. Gleason
Attorneys: Virginia A. Albers (Slowiaczek Albers, P.C., L.L.O., for Appellee); John A. Kinney, Jill M. Mason (Kinney Mason, P.C., L.L.O., for Appellant)
Civil: Modification; Material change in circumstances
Proceedings Below: The trial court found that 1) it would be in the best interests of the minor child to have more visitation with her father, but found there was no sufficient evidence of a material change in circumstance not within the contemplation of the parties which would warrant the modification of the decree from the district court of Washington D.C.; 2) all of the matters complained of by the Appellant as a basis for the claim of material change in circumstance were within the contemplation of the parties as shown in the separation and property settlement agreement, which is incorporated into the decree of dissolution; 3) no material change in circumstance has occurred; and 4) since no material change in circumstance has occurred, the court must deny the relief sought by the Appellant.
Issues on Appeal: Whether the district court erred by 1) determining that Appellant was required to plead and prove a substantial and material change in circumstances; 2) determining Appellant failed to prove a substantial and material change in circumstance had taken place not within the contemplation of the parties at the time of the original judgment; 3) failing to determine child custody modifications should be determined on the basis of the best interests of the minor children and should have found that the original judgement violated the Nebraska Parenting Act; and 4) the administrative dismissal of the first complaint to modify was not a decision on the merits.