Francisco v. Gonzalez

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Francisco v. Gonzalez

Case Number
S-18-0329
Call Date
December 5, 2018
Court Number
Douglas
Case Location
Lincoln
Case Summary

S-18-0329, Eulalia Miguel Francisco (Appellant) v. Sergio Remigo De Leon Gonzalez (Appellee)
District Court of Douglas County, Judge W. Russel Bowie
Attorneys: David V. Chipman (Monzon, Guerra & Associates) and Dorian E. Rojas (Immigrant Legal Center) (Appellant)
Civil: Action to establish custody and paternity for two minor children and a request for special immigrant juvenile findings
Proceedings Below: The trial court found that the Appellee was the legal father of the youngest child of the parties but found that it did not have jurisdiction over the Appellee to find that he is the father of the oldest child. The trial court awarded custody of the youngest child to the Appellant, but found that it did not have jurisdiction over the Appellee to determine custody of the oldest child.
Issues: Whether the district court erred 1) in finding that it did not have jurisdiction to establish paternity and custody of a minor child more than four years after the child’s birth; and 2) when it refused to find that the minor children were abandoned and neglected by Appellee and that it would not be in the children’s best interest to return to Guatemala; and, whether service by publication was proper under Nebraska statutes.