A-12-0461, Kathleen Belitz n/k/a Kathleen Monaco v. John F. Belitz, Jr. (Appellant)
District Court for Douglas County, District Judge James T. Gleason
Attorney for Appellant: Joan Watke Stacy
Attorney for Appellee: Joni Visek
Civil Action: Modification of custody, removal from Nebraska
Action taken by the Trial Court: The trial court found a material change in circumstances such that the mother should have custody of the minor child and granted her permission to remove the child to Illinois.
ssignments of Error on Appeal: Did the trial court err in in overruling the father’s motion to dismiss when the mother rested her case in chief and in finding a material change in circumstances warranting a change in custody? Did the trial court err in granting permission to remove the child from the Nebraska to Illinois? Did the trial court err in allowing the parties’ two older children to testify when a motion to quash had previously been sustained, there was no subpoena requiring their presence, the father, as the custodial parent, objected to their presence and testimony? Did the trial court erred in overruling the father’s objection and allowing the mother to cross examine him regarding his income when her cross examination on the issue was outside the scope of direct examination and the father made a timely objection? Did the trial court err in calculating child support? Did the trial court err in awarding attorney fees to the mother? Did the trial court err in finding that the mother should not be held in contempt for failing to pay attorney fees from the 2007 modification order? Did the trial court err in finding that the mother should not be held in contempt for failing to return the child to the father at the end of her summer parenting time in 2010?