Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hollomon v. Taylor

Supreme Court of Nebraska

May 10, 2019

Jami Hollomon, appellant,
v.
Alex Taylor, appellee.

         1. Child Custody: States: Judgments. Whether a child custody determination issued by a court of another state may be registered in Nebraska presents a question of law.

         2. Judgments: Appeal and Error. On a question of law, an appellate court is obligated to reach a conclusion independent of the determination reached by the court below.

         3. Child Custody: Jurisdiction: Judgments. When the registration procedure of Neb. Rev. Stat. § 43-1252 (Reissue 2016) has been followed and the registration is either not contested or, after a hearing none of the grounds under § 43-1252(d) have been established, the registering court shall confirm the registered order.

         4. Child Custody: Jurisdiction. Proceedings to register a child custody determination from a foreign jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act, with or without a simultaneous request for enforcement, are generally ministerial, and concerns about whether the registering court may properly exercise jurisdiction over a subsequent child custody proceeding are not yet implicated.

          Appeal from the District Court for Seward County: James C. Stecker, Judge. Reversed and remanded with directions.

          Nicholas R. Glasz for appellant.

          Michael S. Kennedy, of Kennedy Law Firm, P.C., L.L.O., for appellee.

         [303 Neb. 122] Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, Papik, and Freudenberg, JJ.

          STACY, J.

         Jami Hollomon and Alex Taylor are the unmarried parents of a minor child. After the State of Texas entered an order adjudicating parentage and establishing a parenting plan, Hollomon attempted to register the Texas order in Nebraska. The district court for Seward County denied the request after concluding it "should decline jurisdiction" under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).[1] Hollomon appeals, and we reverse the order and remand the cause with directions to register and confirm the Texas order.

         FACTS

         Hollomon and Taylor had a child together in 2016. On June 11, 2018, the district court for Van Zandt County, Texas, entered an "Order Adjudicating Parentage" in case No. FM16-00080. In addition to establishing paternity of the minor child, the order approved the parties' mediated parenting plan and addressed issues of custody, support, and parenting time.

         The Texas order identified a "Seward, NE" address for Hollomon and identified a Texas address for Taylor. The order gave Holloman the "exclusive right to designate the primary residence of [the child] without regard to geographic location of [Taylor]." Taylor was ordered to maintain health insurance for the child and to pay monthly child support. The order also set out a "Possession Order" which designated the parties' parenting time. As relevant to the issues on appeal, the order established two different possession schedules for the [303 Neb. 123] child: one schedule for "Parents Who Reside 100 Miles or Less Apart," and another for "Parents Who Reside More Than 100 Miles Apart." Under the provisions applicable to parents residing more than 100 miles apart, Hollomon was given "a superior right of possession" of the child. It does not appear that any provision of the Texas order expressly required either Hollomon or Taylor to reside in Texas.

         On August 15, 2018, about 2 months after the Texas order was issued, Hollomon sought to register the order in the district court for Seward County pursuant to § 43-1252. She filed a certified copy of the Texas order, accompanied by her affidavit requesting registration of the order in Nebraska. She did not simultaneously request to enforce or modify the Texas order. Hollomon's affidavit averred, among other things, that (1) she had been awarded custody of the minor child by the Texas order; (2) to the best of her knowledge and belief, the Texas order had not been modified; (3) she moved to Seward in November 2017 and intended to make Nebraska her permanent home; and (4) she was currently living with the child at an "undisclosed residence in Seward County, Nebraska." Although the affidavit did not explain why, Hollomon averred that the health, safety, or liberty of Hollomon or the child would be jeopardized by disclosure of her identifying information, and she asked that the information be sealed pursuant to § 43-1246(e).

         The next day, pursuant to § 43-1252(c), the clerk of the district court for Seward County sent notice to both Taylor and the Texas court that a "child custody determination issued by the court of Van Zandt County, Texas" in "Cause Number FM: 16-00080" had been filed in the district court for Seward County on August 15. The notice further stated:

(a) a registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this state;
[303 Neb. 124] (b) a hearing to contest the validity of the registered determination shall be requested within twenty days after service of notice; and
(c) failure to contest the registration will result in confirmation of the child custody determination and preclude further contest of that determination with respect to ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.