Orfa Torres applied for a domestic abuse protection order against her boyfriend, Benjamin Morales. The district court issued an order to show case. After a hearing, the district court vacated its order to show cause, dismissed the case, and required Torres to pay the costs of the action. The Supreme Court (1) affirmed the order dismissing the cause, holding that the district court did not err in failing to issue the protection order because Torres did not provide some evidence of abuse as defined under Neb. Rev. Stat. 42-903(1); and (2) reversed the portion of the order requiring Torres to pay costs, holding that because the facts in Torres’s affidavit were not false and the order was not sought in bad faith, the district court erred in taxing costs to Torres. View "Torres v. Morales" on Justia Law

Mother and Father, who were not married, had a relationship during which Mother became pregnant. Mother sought to place the child up for adoption. Father attempted to prevent the adoption proceedings by filing an amended petition to establish the necessity of his consent to the adoption. The county court granted summary judgment for Mother, determining that Father did not comply with Neb. Rev. Stat. 43-104.02 by objecting to the adoption within five business days of the child’s birth. The Supreme Court reversed. On remand, the county court held (1) Mother intentionally hid the child’s birth from Father and was therefore equitably estopped from relying on the five-day time limit for objections; and (2) Father’s consent to any proposed adoption of the child was required. The Supreme Court affirmed, holding that the county court did not err in finding (1) Mother failed to establish by clear and convincing evidence that Father neglected or abandoned the child; (2) Mother did not prove parental unfitness by clear and convincing evidence; and (3) Mother’s conduct excused Father’s failure to provide reasonable financial support for Mother and the child and reasonable financial support during Mother’s pregnancy. View "Jeremiah J. v. Dakota D." on Justia Law

In 2008, the district court entered a decree of dissolution of Father and Mother’s marriage and granted legal custody of Jakob, the parties’ child, to Father. In 2010, Father filed a complaint to modify the decree of dissolution and the parenting plan, seeking to be allowed to move from Nebraska to Texas for better career opportunities. After a bench trial, the district court denied Father’s request, finding that Father failed to meet his burden of showing that he had a legitimate reason to relocate and that the relocation was in the best interests of Jakob. The court of appeals reversed, concluding that the district court plainly erred on the removal issue, as there was a legitimate reason for removal, and the removal was in Jakob’s best interests. The Supreme Court reversed, holding that the district court did not plainly err in determining that Father failed to prove that moving to Texas was in Jakob’s best interests. Remanded. View "Steffy v. Steffy" on Justia Law