Adoption: Appeal and Error. In an appeal
from a denial of consent to adoption, the appellate
court's review of a trial court's judgment is de novo
on the record to determine whether there has been an abuse of
disretion by the trial judge, whose judgment will be upheld
in the absence of an abuse of discretion, subject to the best
interests of the children.
Adoption: Statutes. The matter of adoption
is statutory, and the manner of procedure and terms are all
specifically prescribed and must be followed.
Adoption: Parent and Child: Parental Rights.
Consent of a biological parent to the termination of his or
her parental rights is the foundation of our adoption
statutes, and an adoption without such consent must come
clearly within the exceptions contained in the statutes.
Divorce: Courts: Adoption. Consent from a
district court that has issued a dissolution decree
concerning minor children is a prerequisite for adoption of
Courts: Jurisdiction: Adoption. The consent
for adoption given by a district court is not a determination
of the child's best interests or any other issue
pertaining to adoption; such determination rests solely in
the county court's exclusive jurisdiction.
The consent provision of Neb. Rev. Stat. § 43-104(1)(b)
(Reissue 2016) contemplates that another court has
jurisdictional priority over the custody of the child and
that only with the other court's consent will the
adoption be allowed to proceed.
Courts: Adoption: Parental Rights. Neb. Rev.
Stat. § 43-104 (Reissue 2016) gives the district court
two opportunities to influence an adoption proceeding. It may
have already made determinations in past proceedings which
are decisive on the issue of adoption or the fitness of a
parent. Or, it may be in a position to make a significant
contribution [26 Neb.App. 31] to the county court's
determination based on its prior experience with the parties.
Courts: Adoption: Legislature. The
Legislature has granted the district court the discretion to
grant or deny a request for its consent for adoption.
from the District Court for Sarpy County: Stefanie A.
Martinez, Judge. Reversed and remanded with directions.
N. Tollefsen, of Kelly Tollefsen Law Offices, P.C.. for
L. Binning, of Binning & Plambeck, for appellee.
Riedmann, Bishop, and Welch, Judges.
Lucas Helm appeals from the order of the district court for
Sarpy County that denied his motion seeking the district
court's consent to a stepparent adoption. As explained
more fully below, we find that the district court abused its
discretion in denying Harold's motion on the basis that
abandonment was the only issue before the ...