DeLima v. Tsevi

The Supreme Court affirmed the decision of the district court vacated all prior orders pertaining to custody or visitation of Child, holding that the district court properly determined that it did not have and never had subject matter jurisdiction to make custody determinations regarding Child.Father and Mother were married in the nation of Togo, Africa. After they divorced, Father filed a motion to modify the decree, alleging that Mother had taken Child to Togo and refused to return Child to Father. The district court awarded Father sole care, custody, and control of Child. Several years later, Mother filed a motion to vacate the custody decree as it pertained to child custody, arguing that the court never had subject matter jurisdiction to decide custody issues concerning Child. The district court agreed and granted the motion, concluding that Nebraska was not Child’s home state at the time custody proceedings were initiated for purposes of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Neb. Rev. Stat. 43-1226 to 43-1266, and therefore, the court never had subject matter jurisdiction under the UCCJEA. The Supreme Court affirmed, holding that the district court never acquired subject matter jurisdiction of the custody of Child and, thus, any actions regarding Child's custody were void. View "DeLima v. Tsevi" on Justia Law