Justia Family Law Opinion Summaries

Christian L. Gilbert filed a legal malpractice lawsuit against his former attorney, Christopher M. Johnson, and Johnson’s law firm, Cordell & Cordell, P.C. Gilbert had hired Johnson to represent him in a paternity action in the district court for Lancaster County, where the mother of his child sought to establish paternity and obtain custody and child support. The court issued a temporary custody order granting the mother custody and Gilbert parenting time every other weekend. Gilbert claimed he never agreed to this arrangement and wanted custody. He alleged that Johnson negligently or knowingly misadvised him that the court would not award him custody and failed to advocate for his interests. Gilbert eventually retained new counsel, but the court awarded the mother sole custody, subject to Gilbert’s parenting time. Gilbert claimed that Johnson’s negligence resulted in him not being awarded more than parenting time.The case was initially filed in state court but was removed to the U.S. District Court for the District of Nebraska. The federal court inferred that Gilbert was injured by the custody orders but not economically. Finding no Nebraska precedent on whether noneconomic damages are recoverable in legal malpractice actions, the federal court certified the question to the Nebraska Supreme Court.The Nebraska Supreme Court determined that noneconomic damages in a legal malpractice action arising from a child custody dispute, where no physical injury has been sustained, may be recoverable only if the attorney engages in egregious conduct or conduct intended to essentially destroy a parent-child relationship. This decision recognizes the intrinsic value of the parent-child relationship and the foreseeability of emotional harm from its loss, but limits recovery to the most serious cases of attorney misconduct. View "Gilbert v. Johnson" on Justia Law

The husband filed for dissolution after 18 years of marriage, disputing whether two adjacent lots were marital property. One lot included the marital home, and the other had a barn for the wife's horse training business. The husband purchased both lots before the marriage, but both were encumbered by loans paid off with a mix of marital and premarital funds. The properties appreciated significantly during the marriage due to market forces. The key issue was whether paying down the loans with marital funds created a marital interest in the properties.The District Court for Washington County concluded that the lots were nonmarital property, except for the marital contributions toward the loan principals. The court awarded the husband the properties and the wife a cash equalization payment for half of the marital contributions. The wife appealed, arguing that the properties should be considered marital due to the use of marital funds to pay down the loans.The Nebraska Court of Appeals affirmed the district court's decision regarding the land portions of the lots, finding them nonmarital. However, it reversed the decision regarding the barn and other improvements on one lot, classifying them as marital property due to the joint efforts in their construction and operation. The court modified the equalization payment to the wife accordingly.The Nebraska Supreme Court reviewed the case and adopted the "source of funds" rule, which considers the marital estate's acquisition of equity in the properties through loan paydowns with marital funds. The court reversed the Court of Appeals' decision regarding the land portions of the lots and remanded the case for a new hearing to determine the equitable division of these properties, considering the source of funds rule. The decision regarding the barn and other improvements was affirmed. View "Stava v. Stava" on Justia Law

In this case, the appellant, Roberto E., sought to modify his child support obligations following changes in the custody of his children. Roberto and Lizeth E. were married in 2011 and had one child together, with Roberto adopting Lizeth’s four other children. Their marriage was dissolved in 2017, with Lizeth receiving custody of all five children and Roberto ordered to pay child support. Subsequently, the children were placed in various out-of-home placements due to juvenile court proceedings, with one child, Roberto Jr., eventually placed in Roberto’s custody through a bridge order.The Lincoln County District Court initially modified Roberto’s child support obligations to reflect the custody change of Roberto Jr. but did not account for the other children’s placements in foster care. Roberto filed a complaint to further modify his child support obligations, arguing that the juvenile court’s orders constituted a material change in circumstances and that his child support should be adjusted retroactively.The district court found that it lacked jurisdiction to modify custody for the children still under juvenile court jurisdiction and declined to modify child support retroactively, citing the rule against modifying accrued child support unless equitable estoppel applied. The court also upheld the garnishment of Roberto’s bank account for back child support.Upon review, the Nebraska Supreme Court affirmed the district court’s decision regarding custody but vacated and remanded the decision on child support. The Supreme Court found that the district court should have considered a deviation from the child support guidelines due to the children’s placements in foster care, which would be equitable under the circumstances. The court also vacated the garnishment findings, as they were dependent on the proper determination of Roberto’s child support obligations. View "Lizeth E. v. Roberto E." on Justia Law

Dylan H. initiated a legal proceeding to establish paternity of a minor child, P.C., against Brooke C., the child's natural mother. Brooke's partner, Brandon B., intervened, claiming paternity based on a notarized acknowledgment he had signed. Dylan then filed a third-party complaint to disestablish Brandon's paternity, alleging fraud and material mistake of fact. The district court for Nemaha County bifurcated the issues and held an evidentiary hearing on the disestablishment claim. The court found fraud and material mistake of fact, disestablishing Brandon's paternity, and later denied a motion for a new trial.The district court's decision to disestablish Brandon's paternity was appealed by Brooke and Brandon. They also appealed the denial of their motion for a new trial. However, the district court had not resolved all claims in the case, including Dylan's action to establish paternity, custody, and support. The Nebraska Court of Appeals had previously dismissed an appeal related to genetic testing, determining it was not filed within the required timeframe and did not affect a substantial right.The Nebraska Supreme Court reviewed the appeal and determined that the orders appealed from did not resolve all claims and involved multiple parties, thus implicating Neb. Rev. Stat. § 25-1315(1). This statute requires certification for an order to be appealable when it adjudicates fewer than all claims or the rights and liabilities of fewer than all parties. The district court had not provided such certification. Consequently, the Nebraska Supreme Court dismissed the appeal for lack of jurisdiction, as the requirements for a final, appealable order under § 25-1315(1) were not met. View "Dylan H. v. Brooke" on Justia Law

This case involves a mother, Leah B., who appealed from the order of the county court for Dodge County, Nebraska, sitting as a juvenile court, denying her challenge to the validity of her relinquishment of parental rights to her child, Jordon B. Jordon was removed from Leah's care shortly after his birth in 2020 and placed into the temporary custody of the Nebraska Department of Health and Human Services (DHHS). Leah relinquished her parental rights to Jordon in November 2022. The State then filed a motion to terminate Leah's parental rights based on the relinquishment, which the court granted. Leah subsequently filed a pro se motion to rescind the termination order, alleging that she signed the relinquishment involuntarily and under duress and that she was developmentally disabled and should have been appointed a guardian ad litem.The juvenile court denied Leah's motion, finding that she lacked standing to file her motion because she was no longer a party to the action after she relinquished her parental rights. The court also found that Leah's relinquishment was validly executed and that there was no evidence to demonstrate that Leah was under any duress when she signed the relinquishment.Leah appealed, arguing that the juvenile court erred in determining that she lacked standing to file her motion, in denying her motion on the merits, and in not affording her due process by ruling on the motion without providing her with a reasonable opportunity to be heard and a meaningful evidentiary hearing.The Nebraska Supreme Court reversed the juvenile court's decision, finding that Leah's motion was a substantive challenge to the validity of the relinquishment of her parental rights and not a challenge to the court's order terminating her parental rights. The court held that Leah had standing to file her motion and that the court had jurisdiction to hear the appeal. The court also held that Leah was not provided a meaningful hearing on her motion challenging the validity of the relinquishment of her parental rights, and therefore, her due process rights were violated. The case was remanded for further proceedings. View "In re Interest of Jordon B." on Justia Law

In this case, Asia R. Mann, now known as Asia R. Harrison, and Brian L. Mann were disputing modifications to their stipulated dissolution decree. The main issues in the case revolved around child custody, visitation, child support, and attorney fees.Prior to this case, the couple had been granted joint legal and physical custody of their two children. However, after Brian was convicted of stalking Asia, she sought sole legal and physical custody of the children. She argued that Brian's conviction constituted domestic intimate partner abuse under the Parenting Act, and as such, the court should take specific actions to protect her and the children.The Nebraska Supreme Court found that Brian's conviction for stalking did not constitute domestic intimate partner abuse under the Parenting Act, as the act requires that bodily injury be attempted, caused, or credibly threatened. The court found no evidence of this in Brian's conduct. Therefore, the court affirmed the lower court's decision to deny Asia's request for sole custody of the children.The court also found no error in the lower court's decisions regarding child support, health insurance, and attorney fees. The court affirmed the lower court's decision to allow Brian to choose between two school districts for the children's enrollment.Finally, the court affirmed the lower court's decision to vacate the portion of the dissolution decree that found Brian stood in loco parentis to Asia's child from a previous relationship, Maleah. The court found that the lower court lacked jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act to modify the California child custody judgment as to Maleah. View "Mann v. Mann" on Justia Law

In a marital dissolution case, the Nebraska Supreme Court reviewed the division of assets, alimony, attorney fees, and other matters. The couple, Clint and Lisa Seemann, had a premarital agreement that classified certain assets as marital or nonmarital. The court found that the appreciation of certain assets, such as a membership interest in a limited liability company (LLC) and carpet and tile, should have been included in the marital estate. The court also found that Lisa's retirement accounts were overvalued and that the value of Clint D. Seemann, P.C. should have been included in the marital estate.The court affirmed the lower court's decision in part, but reversed the division of the marital estate and remanded the case for a new equitable division of the marital estate. The court also modified the decree to require Clint to pay a larger amount towards a line of credit debt. The court affirmed the lower court's decision on alimony, attorney fees, and other matters.The court's decision was based on a de novo review of the record, and it made independent factual determinations based on the record. The court also considered the parties' premarital agreement and the general rule that a spouse should be awarded one-third to one-half of the marital estate. The court did not find any abuse of discretion by the lower court in its determinations regarding alimony, attorney fees, and other matters. View "Seemann v. Seemann" on Justia Law

This case involves a dispute between a decedent's wife and the co-personal representatives of the decedent's estate over the ownership of $100,000 and a camper under the terms of a premarital agreement. The decedent's wife, Yvonne M. White, argued that she was entitled to these assets based on the premarital agreement she had with her late husband, Leonard P. White. The co-personal representatives of Leonard's estate, his sons Jamison Patrick White and Ryan Howard White, contested this claim.The District Court for Washington County, Nebraska, ruled in favor of Yvonne, awarding her the $100,000 and the camper. The co-personal representatives appealed this decision to the Nebraska Court of Appeals, which affirmed the lower court's ruling. They then sought further review from the Nebraska Supreme Court.The Nebraska Supreme Court affirmed the decision of the Court of Appeals. The court found that Yvonne's suit for the $100,000 and the camper did not constitute a "claim" against the estate, but rather, she was a beneficiary of the estate entitled to the assets she sought under a breach of contract theory according to the terms of the premarital agreement. Therefore, her suit was not subject to the nonclaim statute's requirements for the timely filing of a claim. The court also found that the camper was a joint asset under the premarital agreement, rejecting the co-personal representatives' argument that it was the decedent's separate property. View "White v. White" on Justia Law

The Nebraska Supreme Court ruled that the State of Nebraska and the Nebraska Department of Health and Human Services (DHHS) are immune from a lawsuit brought by three siblings who were physically and sexually abused in a foster home. The siblings, Joshua M., Sydnie M., and Abigail S., were placed in the foster home by DHHS in 1996. They alleged that DHHS was negligent in recommending and supervising their placement and in failing to remove them from the home when DHHS knew or should have known they were being abused. The court found that the siblings' claims fell within the State Tort Claims Act's exemption for claims arising out of assault or battery, and thus were barred by the State's sovereign immunity. The court also found that DHHS did not breach its duty of care to the siblings. The court affirmed the judgment in favor of DHHS and remanded the case with directions to dismiss the claims against DHHS. The court also affirmed a judgment against the siblings' former foster parent in the amount of $2.9 million. View "Joshua M. v. State" on Justia Law

The case involves an appeal against a county court's decision to appoint a permanent guardian for Patrick W., an individual deemed incapacitated due to a stroke. The appellant, Patrick W., argued that the court erred in admitting a neuropsychological report as evidence over his hearsay objection and that without this report, the evidence was insufficient to prove his incapacitation.Previously, Adult Protective Services (APS) had opened an investigation into Patrick's medical needs and financial management. Concerned about Patrick's vulnerability to financial exploitation, self-neglect, and undue influence, APS contacted an attorney to inquire about establishing a guardianship. Becky Stamp was identified as a potential guardian. The county court appointed Stamp as Patrick's temporary guardian, and later, Patrick's cousin, Terry Crandall, was substituted as the temporary guardian. The court also ordered Patrick to undergo a neuropsychological evaluation.At the guardianship hearing, the county court received several exhibits into evidence and heard testimony from six witnesses, including Patrick. The court found clear and convincing evidence that Patrick was incapacitated and appointed Crandall as his permanent guardian.The Nebraska Supreme Court affirmed the county court's decision. It held that the neuropsychological report was admissible in evidence under Nebraska Revised Statute § 30-4204, as it was a medical report obtained by the guardian ad litem regarding the person for whom she was appointed. The court also found sufficient evidence to support the county court's finding that Patrick was incapacitated and that a full guardianship was the least restrictive alternative to provide for his continuing care. View "In re Guardianship of Patrick W." on Justia Law