Saturday, December 08, 2007
Nebraska Supreme Court refuses to give custody to mother from Columbia who barely spoke English, felt helpless and thought social services authorities owed her something for it. Maska v. Maska, S-07-187, 274 Neb. 629 Aurora Ramirez Maska, a native of Columbia, sought custody of her two children in divorce proceedings in Buffalo County District Court. The district court awarded custody of the children to the American father during the school year with summer custody to the mother. On top of that the Court ordered the husband to pay Aurora $78 per month child support along with 46% of the kids' social security benefits, presumably from the father's disability claim. Nebraska Supreme Court affirms over Aurora's objection that the district court ruled against her because she was from Columbia, could barely speak English and felt that American welfare owed her something. Looks like a slam dunk to me that you would want 7 and 5 year old children to live with a parent who spoke English, at least during the school year. Sadly Justice Wright had to remind the parties that the Supreme Court was not ruling against her because of her nationality, rather it was in the best interests of the children to live with the American parent during the school year. Aurora’s final argument is that the district court abused its discretion by using her national origin and language as a factor against her when evaluating the best interests of the children. Her argument has no merit. The court’s decree does not state that it used Aurora’s national origin or language as a factor. (The child psychologist) recommended to the court that the primary physical custody of the children be given to Joel during the school year and to Aurora during the summer months. That is the recommendation the court adopted, and we find no abuse of discretion in the court’s decision.