Guardians and Conservators: Appeal and
Error. Appeals of matters arising under the Nebraska
Probate Code are reviewed for error on the record.
Judgments: Appeal and Error. When reviewing
a judgment for errors appearing on the record, the inquiry is
whether the decision conforms to the law, is supported by
competent evidence, and is neither arbitrary, capricious, nor
Constitutional Law: Parent and Child: Public
Policy. Where a parent's constitutionally
protected relationship with a child is not at issue, both
public policy and the Nebraska statutes require the case to
be determined by reference to the paramount concern in child
custody disputes-the best interests of the child.
Pleadings: Proof. Pleadings alone are not
proof but mere allegations of what the parties expect the
evidence to show.
Pleadings: Trial: Evidence. Pleadings and
their attachments which are not properly admitted into
evidence cannot be considered by the trial court.
Evidence: Records: Appeal and Error. A bill
of exceptions is the only vehicle for bringing evidence
before an appellate court; evidence which is not made a part
of the bill of exceptions may not be considered.
from the County Court for Saunders County: C. Jo Petersen,
Judge. Reversed and remanded for further proceedings.
Neb.App. 354] Jennifer D. Joakim for appellant.
appearance for appellee.
Riedmann, Arterburn, and Welch, Judges.
was appointed permanent guardian for the minor child,
Issaabela R., through a probate action. The county court for
Saunders County ultimately terminated the guardianship, and
Cami appeals that decision. We conclude that the evidence was
insufficient to support terminating the guardianship and