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Kenner v. Battershaw

Court of Appeals of Nebraska

May 31, 2016

LACEY M. KENNER, APPELLANT,
v.
RYAN JAMES BATTERSHAW, APPELLEE

Page 410

          Appeal from the District Court for Cherry County: MARK D. KOZISEK, Judge.

         Loralea L. Frank and Bergan E. Schumacher, of Bruner Frank, L.L.C., for appellant.

         Michael S. Borders, of Borders Law Office, for appellee.

         MOORE, Chief Judge, and INBODY and RIEDMANN, Judges.

         MOORE, Chief Judge, and INBODY and RIEDM ann, Judges.

          OPINION

         [24 Neb.App. 59] RIEDMANN, JUDGE

Page 411

          INTRODUCTION

         Lacey M. Kenner appeals from an order of the district court for Cherry County modifying a paternity decree and awarding Ryan James Battershaw custody of the parties' minor child. After a de novo review of the record, we find that the trial court did not abuse its discretion, and accordingly, we affirm its modification order.

         BACKGROUND

         Kenner and Battershaw have one son, Brayden Battershaw, who is the subject of the custody modification order before us. He was born in December 2006. Although Kenner and Battershaw never married, the three of them lived together for approximately 1 1/2 years after Brayden was born. A decree of paternity was entered in 2010, and a stipulated agreement and modified parenting plan was entered in 2012. The parties have followed the 2012 parenting plan since it was entered; Brayden lives with Kenner a majority of the time, but Battershaw exercises significant parenting time for 1 full week each month and every other weekend during the school year. In the summer, the parties each exercise 6 weeks of parenting time.

Page 412

         [24 Neb.App. 60] At the time of trial, Kenner and Battershaw had each married other people, and Brayden has a warm, bonded relationship with both parents and both stepparents. Kenner also has two younger children with her husband. With Kenner and her husband, Brayden enjoys riding horses, " playing with Legos," going to church, swimming, fencing, haying, playing baseball, and entering rodeos. With Battershaw and his wife, Brayden enjoys playing board games and video games, fishing, hunting, swimming, playing basketball, spending time outdoors, going on road trips, and building cars. Battershaw has also recently coached him in summer soccer ...


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