State obo Daphnie F. v. Christina C.

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State obo Daphnie F. v. Christina C.

Case Number
Call Date
November 4, 2021
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

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.

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