LACEY M. KENNER, APPELLANT,
RYAN JAMES BATTERSHAW, APPELLEE
from the District Court for Cherry County: MARK D. KOZISEK,
L. Frank and Bergan E. Schumacher, of Bruner Frank, L.L.C.,
S. Borders, of Borders Law Office, for appellee.
Chief Judge, and INBODY and RIEDMANN, Judges.
Chief Judge, and INBODY and RIEDM ann, Judges.
Neb.App. 59] RIEDMANN, JUDGE
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.
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.
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 ...