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Aguilar v. Schulte

Court of Appeals of Nebraska

June 10, 2014

JOSE AGUILAR, APPELLEE,
v.
RACHEL SCHULTE, APPELLANT

Page 645

[Copyrighted Material Omitted]

Page 646

[Copyrighted Material Omitted]

Page 647

Appeal from the District Court for Douglas County: THOMAS A. OTEPKA, Judge.

James Walter Crampton for appellant.

Catherine Mahern, Nathaniel Romano, and Kathleen Kennedy, Jayne Wagner, and Ajla Aljic, Senior Certified Law Students, of Milton R. Abrahams Legal Clinic, for appellee.

IRWIN, RIEDMANN, and BISHOP, Judges.

OPINION

Page 648

[22 Neb.App. 81] Riedmann, Judge.

INTRODUCTION

Rachel Schulte appeals from the order of the Douglas County District Court awarding her and Jose Aguilar joint physical custody of their minor child and allowing Aguilar to travel out of the country with the child. We find no abuse of discretion by the district court and therefore affirm the court's order.

[22 Neb.App. 82] BACKGROUND

Aguilar and Schulte are the biological parents of a son, born in 2009. The parties never married, but Aguilar's paternity of the child was established by the court in December 2009, and he was ordered to pay child support. On March 24, 2010, Aguilar filed a complaint in the district court requesting joint custody of the minor child and reasonable parenting time. The district court entered a temporary order granting the parties joint legal custody and awarding primary physical custody of the child to Schulte, subject to Aguilar's parenting time.

Through mediation, the parties were able to agree on a partial parenting plan, including joint legal custody and holiday parenting time, but they were unable to agree on physical custody, weekday parenting time, or vacation time. Trial was held on these issues on March 6 and 7, 2013. Thereafter, the district court entered an order finding that Aguilar and Schulte were both fit and proper parents and awarding the parties joint legal and physical custody of the minor child. The partial parenting plan agreed upon by the parties was adopted by the court. The court also allowed Aguilar to travel with the minor child to Mexico during his parenting time, and it ordered Schulte to cooperate in obtaining a passport for the child and executing any documentation necessary for the child to travel internationally. Schulte timely appeals to this court.

ASSIGNMENTS OF ERROR

Schulte assigns that the district court erred in (1) awarding joint physical custody of the minor ...


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