Samuel E. Fales, appellee,
Sandy L. Fales, appellant.
1. Divorce: Appeal and
Error. In actions for dissolution of marriage, an
appellate court reviews the case de novo on the record to
determine whether there has been an abuse of discretion by
the trial judge.
2. Child Custody: Appeal and Error. In child
custody cases, where the credible evidence is in conflict on
a material issue of fact, the appellate court considers, and
may give weight to, the fact that the trial judge heard and
observed the witnesses and accepted one version of the facts
rather than another.
3. Words and Phrases. The acts of abuse
defined in the Protection from Domestic Abuse Act are those
committed against household members and include attempting to
cause or intentionally and knowingly causing bodily injury
and placing, by means of credible threat, another person in
fear of bodily injury.
4. _ . Threatening to cause or actually causing bodily injury
to a spouse or former spouse qualifies as domestic intimate
5. Appeal and Error. An appellate court is
not obligated to engage in an analysis that is not necessary
to adjudicate the case and controversy before it.
from the District Court for Loup County: Mark D. Kozisek,
Judge. Judgment vacated, and cause remanded for further
K. Houston for appellant.
T. Bruner and Loralea L. Frank, of Bruner Frank, L.L.C., for
Riedmann and Bishop, Judges, and Inbody, Judge, Retired.
Neb.App. 869] RlEDMANN, Judge.
L. Fales appeals from the order of the district court for
Loup County which dissolved her marriage to Samuel E. Fales
and granted custody of their minor child to Samuel. Sandy
argues on appeal that the court abused its discretion in
awarding Samuel custody. Because the district court failed to
make special written findings as required by Neb. Rev. Stat.
§ 43-2932(3) (Reissue 2016), we vacate the district
court's order and remand the cause for further
and Samuel were married in 2010, and their child, Samuel
Ellis Wayne Fales (Ellis), was born in May 2012. The parties
separated in the spring of 2015, and Samuel filed for
dissolution of the marriage in June 2015. Each party
requested custody of Ellis. In a temporary order, the
district court awarded custody of Ellis to Sandy and granted
Samuel parenting time of every other weekend, as well as 1
week per month.
March 2017 trial, evidence was presented as to the strengths
and weaknesses of the parties relating to their fitness for
custody of Ellis. Samuel operates the family cattle ranch
with his father and brother. He has lived in the same family
home since he was 8 years old, and his father lives nearby.
He described a caring, involved extended family. Samuel
testified that he provides a stable environment for Ellis ...