Kashyap v. Kashyap

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Kashyap v. Kashyap

Case Number
A-17-0906
Court Number
Douglas
Call Date
September 13, 2018
Case Time
1:30 PM
Case Summary

A-17-0906, Samantha L. Kashyap (Appellant) v. Shaan S. Kashyap (Appellee)

Douglas County District Court, Judge Peter C. Bataillon

Attorney for Appellant: Andrew M. Ferguson (Carlson & Burnett, LLP)

Attorney for Appellee: Kelly T. Shattuck (Vacanti Shattuck)

Civil Action: Dissolution of Marriage; Child Custody and Removal from Nebraska

Action Taken by the Trial Court: Following trial, the district court awarded the father sole legal and physical custody of the parties’ daughter, and permitted the father to remove the child from Nebraska to Arizona where he was stationed in the United States Air Force. The mother was ordered to pay child support.

Assignments of Error on Appeal: The mother claims the district court abused its discretion by (1) awarding the father sole legal and physical custody of their daughter, (2) granting the father permission to remove the child from Nebraska to Arizona, and (3) ordering her to pay child support.

Extended Case Summary

A-17-0906, Samantha L. Kashyap (Appellant) v. Shaan S. Kashyap (Appellee)

Original Trial Court: District Court for Douglas County, Judge Peter C. Bataillon

Attorney for Appellant: Andrew M. Ferguson (Carlson & Burnett, LLP)

Attorney for Appellee: Kelly T. Shattuck (Vacanti Shattuck)

Civil Action: Dissolution of Marriage; Child Custody and Removal from Nebraska

Background: Shaan and Samantha were married in Omaha, Nebraska, in 2012, and their daughter was born the following year. Shaan, a member of the United States Air Force, was stationed in England when Samantha decided to leave England and return to Omaha with their daughter in August 2015. Samantha filed for divorce in June 2016, and a couple months later, Samantha was awarded temporary custody of the parties’ daughter. Shaan was granted “FaceTime” with his child three times per week, and any other parenting time was to be by agreement when Shaan was able to travel to the United States. In February 2017, Shaan filed a motion for further temporary orders. He claimed Samantha refused to communicate with him in any meaningful way and had denied him all access to his daughter. Following a hearing on Shaan’s motion, the district court granted Shaan specific parenting time with his daughter while he was in Omaha for a week, and the court ordered the parties to mediate a parenting plan. Shaan had to file another motion the next day to compel parenting time because Samantha was not complying with the court-ordered parenting time.

Trial took place in July 2018. Although Samantha and Shaan agreed to joint legal custody, the district court rejected their agreement and awarded legal and physical custody solely to Shaan. The court found the parties were unable to communicate and that Samantha had thwarted all reasonable efforts by Shaan to have parenting time with their daughter. The court concluded it was in the child’s best interests to be placed with her father. The court further found Shaan should be allowed to remove the child from Nebraska to Arizona where he was now stationed because the reason for the move was legitimate due to his position in the Air Force, and allowing the child to move there with Shaan was in the child’s best interests.

The Nebraska Court of Appeals will consider the following issues raised by Samantha in her appellate brief:

  1. Did the trial court abuse its discretion by awarding Shaan sole legal and physical custody of the parties’ daughter?

  2. Did the trial court abuse its discretion by granting Shaan permission to remove the child from Nebraska to Arizona?

  3. Did the trial court abuse its discretion by ordering Samantha to pay child support?

Case Location: York College

Court Type: District Court

Panel: Moore, Chief Judge, Bishop, and Arterburn, Judges

Case Location
York College
Court Type
District Court
Schedule Code
A2
Panel Text
Moore, Chief Judge, Bishop, and Arterburn, Judges