Articles

Johnson v. Johnson

Supreme Court of Nebraska affirmed the lower courts ruling holding that a voluntary appearance signed the day before the petition is filed waives service of process if filed simultaneously with or after the petition.

Husband and wife visited a self-help clinic for assistance in filing a dissolution action. With the help of the clinic, wife prepared several documents, including the petition for dissolution, a voluntary appearance for husband, an application for support, and a proposed...

Doctrine of In Loco Parentis

Latham v. Schwerdtfeger – Supreme Court reverses the District Court’s ruling on the Doctrine of In Loco Parentis relating to a same sex couple.

In a recent Nebraska Supreme Court case, the Court reversed the district court’s ruling stating that it did err when it concluded the doctrine of in loco parentis, did not apply to a non biological, non adoptive, same sex parent. This doctrine, Latin for “in the place of a parent” allows for a...

Grandparent Visitation Rights in Nebraska

In Nebraska, the Court has taken on the common definition for “grandparent” and has defined it as the biological or adoptive parent of a minor child’s biological or adoptive parent. In the event child’s biological or adoptive parents have had their parental rights terminated, the rights of the grandparents also terminate because legally you are no longer considered a grandparent.

Rights regarding grandparent visitation are governed under Section 43-1802 of...