STATE OF NEBRASKA ON BEHALF OF CARTER W., A MINOR CHILD, APPELLEE,
ANTHONY W., DEFENDANT AND THIRD-PARTY PLAINTIFF, APPELLEE, AND CYNTHIA H., THIRD-PARTY DEFENDANT, APPELLANT
from the District Court for Lancaster County: STEVEN D.
L. Soucie for appellant.
A. Camplin and Jessica Ledingham, Senior Certified Law
Student, of McHenry, Haszard, Roth, Hupp, Burkholder &
Blomenberg, P.C., for appellee.
PIRTLE, and RIEDMANN, Judges.
Neb.App. 48] Pirtle, Judge.
H. appeals from an order of the district court for Lancaster
County determining custody, parenting time, and child support
for the minor child, Carter W. Cynthia challenges the
court's decision to grant joint legal and physical
custody, and she asserts the court failed to follow the local
court rules in determining the parties' respective
parenting time. For the reasons that follow, we affirm.
and Anthony W. began a relationship in the summer of 2009 and
conceived a child in January 2010. They moved in together in
the summer of 2010, and their son, Carter, was born in
Their romantic relationship ended in September 2011.
after the parties' separation, Anthony's parenting
time with Carter was not specifically scheduled and the time
and duration varied. On January 26, 2012, the Lancaster
County Attorney filed a complaint to establish support, and
Anthony's acknowledgment of paternity was attached.
Anthony agreed to the child support calculation proposed by
the county attorney. A referee's report was filed stating
that Carter resided with Cynthia and that Anthony was able
and capable of supporting Carter. The report contained the
parties' stipulation to the amount of support to be
provided to Cynthia by Anthony. Anthony was not represented
by counsel and testified that he was not aware that the
referee's report reflected a stipulation that Cynthia
had, or should have, sole custody of Carter.
Neb.App. 49] In April 2013, the parties agreed to split their
time with Carter on a " week on/week off" basis.
Cynthia said she anticipated the schedule would end in
September. In August 2013, Anthony filed a complaint for
determination of custody and parenting time and sought
decisions regarding issues including temporary and permanent
custody, parenting time, and child support. In September,
Anthony filed a motion for temporary custody and requested
temporary legal and physical custody or, in the alternative,
joint legal and physical custody of Carter.
hearing on the motion for temporary custody was scheduled for
November 18, 2013, and the parties were to be allowed
one-half hour to present evidence. The hearing was continued
to December 19. Both parties testified, and the court
received multiple exhibits without objection. The exhibits
included Anthony's affidavit and proposed child support
calculation, Cynthia's proposed parenting plan and child
support calculation, and the income statements of both
December 23, 2013, the district court entered a temporary
order granting joint legal and physical custody with an
exchange of physical custody occurring on a weekly basis. A
hearing on Anthony's complaint for determination of
custody and parenting time occurred on November 17, 2014.
Cynthia and Anthony both testified.
testified that he began working at a retail store in Lincoln
on September 27, 2014. He works from 8 a.m. to 5 p.m., except
for one night per week, when he closes the store, and he
receives $50,000 per year for this occupation. He testified
that he decided to work there because the schedule allowed
him to spend more time with Carter and that it offered an
increased salary. He was previously employed by a detention
center and a social services organization. He was still
considered an on-call employee for both of those employers,
but he had not worked any shifts since he began working for
the retail store.
Neb.App. 50] Anthony testified that he moved multiple times
in the year prior to the hearing. He testified that in
December 2013, he moved from a one-bedroom apartment to
ensure that Carter would have a room of his own. In 2014, he
canceled his lease in anticipation of a move into a home with
his girlfriend, but the home was not available right away
because of remodeling delays. As a result, he moved into his
girlfriend's apartment, and then into the home when it
became available in November. He testified that he signed ...