S-21-0043 State of Nebraska on behalf of Daphnie F., a minor child v. Christina C. (Appellant) v. Andrew F. v. Mary and Tim S. (Appellees).
Washington County District Court, Hon. John E. Samson
Attorneys: M. Scott Vander Schaaf (Washington County Attorney, for Appellee)--Avis R. Andrews (Attorney for Appellant) –Megan E. Shupe (Reagan, Melton & Delaney, LLP, for Appellees)
Civil: Child custody modification
Proceedings Below: The district court denied Appellant’s application to modify a Colorado order that placed custody of her daughter, with the child’s paternal grandparents and awarded Appellant parenting time.
Issues on Appeal: Whether the district court erred in 1) dismissing Appellant’s complaint to modify; 2) failing to order that Appellant have the care, custody and control of the minor child; 3) erred in failing to properly apply the parental preference doctrine; 4) finding that it is in the best interests of the minor child that her care, custody and control remain with Appellees; 5) finding that there was an exceptional circumstance warranting the defeat of Appellant’s parental preference; 6) finding that there were exceptional circumstances warranting defeat of Appellant’s parental preference in favor of the best interest standard; 7) finding that the parental preference doctrine had been overcome; and 8) in overruling Appellant’s motion for new trial.