Modification of Decree: Appeal and Error.
Modification of a dissolution decree is a matter entrusted to
the discretion of the trial court, whose order is reviewed de
novo on the record, and which will be affirmed absent an
abuse of discretion by the trial court.
Divorce: Modification of Decree: Visitation.
Visitation rights established by a marital dissolution decree
may be modified upon a showing of a material change of
circumstances affecting the best interests of the children.
Modification of Decree: Words and Phrases. A
material change in circumstances means the occurrence of
something which, had it been known to the dissolution court
at the time of the initial decree, would have persuaded the
court to decree differently.
Visitation. The party seeking to modify
visitation has the burden to show a material change in
circumstances affecting the best interests of the child.
The best interests of the children are primary and paramount
considerations in determining and modifying visitation
Modification of Decree: Child Custody:
Proof. In a child custody modification case, first,
the party seeking modification must show a material change in
circumstances, occurring after the entry of the previous
custody order and affecting the best interests of the child.
Next, the party seeking modification must prove that changing
the child's custody is in the child's best interests.
Child Custody. While the wishes of a child
are not controlling in the determination of custody, if a
child is of sufficient age and has expressed an intelligent
preference, the child's preference is entitled to
Neb.App. 273] 8. Modification of
Decree: Child Custody: Appeal and Error. In a child
custody modification case, an appellate court, in its de novo
review, can make a best interests of the child finding if the
evidence supports it.
Child Custody. In determining the best
interests of a child in a custody determination, a court must
consider pertinent factors, such as the moral fitness of the
child's parents, including sexual conduct; respective
environments offered by each parent; the age, sex, and health
of the child and parents; the effect on the child as a result
of continuing or disrupting an existing relationship; the
attitude and stability of each parent's character; and
parental capacity to provide physical care and satisfy
educational needs of the child.
from the District Court for Sheridan County: Travis P.
O'Gorman, Judge. Reversed and remanded with directions.
Desirae M. Solomon for appellant.
Island, of Island Law Office, PC, L.L.O., for appellee.
Inbody, Pirtle, and Riedmann, Judges.
Berndt, now known as Tonya DiPasquale-Martinez, appeals from
an order of the district court for Sheridan County denying
her complaint to modify visitation with her children. Based
on the ...