A-19-1058, Meaghann Shaw Weaver v. John Glen Weaver (appellant)
Douglas County, District Judge James T. Gleason
Attorney for Appellant: John A. Kinney, Jill M. Mason (Kinney Mason, P.C., L.L.O.)
Attorney for Appellee: Virginia A. Albers (Slowiaczek Albers, P.C., L.L.O.)
Civil Action: Modification of custody
Action Taken by Trial Court: The district court found that modification of the divorce decree would be in the child’s best interests, but because there was no material change in circumstances, the court denied the complaint to modify.
Assignments of Error on Appeal: John Glen Weaver assigns that (1) the district court erred in determining that he was required to plead and prove a substantial and material change in circumstances in order to modify custody, (2) the district court erred in determining that he failed to prove a substantial and material change in circumstances had occurred, (3) the district court erred in failing to determine that child custody modifications should be determined based on the best interests of minor children and should have found that the original judgment violated the Nebraska Parenting Act, and (4) administrative dismissal of the first complaint to modify was not a decision on the merits.