Wednesday, December 21, 2005
Nebraska Court of Appeals (J Sievers) awards custody to ex wife, even though state of decree was Wyoming but no one still lived there; Former child jurisdiction act applied; court reverses child support order for lack of jurisdictionLamb v. Lamb, 14 Neb. App. 337 December 20, 2005. No. A-05-044. Nebraska Court of Appeals (J. Sievers) rules that ex husband's motion to vacate ex wife's exparte custody order is a "proceeding" requiring the Court to sue the former Nebraska Child Custody Jurisdiction Act (NCCJA, Neb. Rev. Stat. §§ 43-1201 through 43-1225 (Reissue 1998) repealed 2003) instead of the Nebraska Uniform Child Custody Jurisdiction Act ( Neb. Rev. Stat. §§ 43-1226 through 43-1266 (Reissue 2004), operative January 1, 2004.); Nebraska Courts do not have to defer to Wyoming decree where none of the parties or children lived there; Court of appeals rules Nebraska had jurisdiction § 43-1203(1), where it is the home state ( § 43-1202(5) ) for child when he was on extended stay with mother; court awards mother custody where father was abusive, involved in alcohol, and his financial and family affairs were unstable. Too bad for us the Court said it would not discuss certain "salacious" details relevant to the case. However Court refuses to order child support where no one registered the Wyoming decree in Custer county Substantial compliance with the registration requirements is expected.Section 42-737 . There is no evidence before us that the Wyoming child support order, issued as part of the 1995 modification decree, has been registered in Nebraska pursuant to § 42-737 or that Debbi has even sought registration of such order.
Posted by stan_sipple at 1:33 PM