Commendable deference to legislature's role from NebApp in custody case

Courts will declare Legislators to be policy makers when necessary. Neb App refuses to adopt a policy generally favoring joint custody without direction from the Unicameral. Spence v. Bush, 13 Neb. App. 890 Filed September 6, 2005. No. A-04-1487. Custody ruling affirmed in Lancaster County District Court over father's urging policy favoring joint custody. "Joint custody is not favored by the courts of this state and will be reserved for only the rarest of cases. Under Neb. Rev. Stat. § 42-364 (Reissue 2004), joint custody remains disfavored to the extent that if both parties do not agree, the court can award joint custody only if it holds a hearing and makes the required finding.Under current Nebraska law, there is no presumption in favor of joint custody.Public Policy. It is the function of the Legislature through the enactment of statutes to declare what is the law and public policy of this state. "It is the function of the Legislature through the enactment of statutes to declare what is the law and public policy of this state. Clemens v. Harvey, 247 Neb. 77, 525 N.W.2d 185 (1994). Bush’s argument—contending that a presumption of joint custody should be adopted—must be addressed to the Legislature rather than to this court."