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Child Support Enforcement - Sarpy County Nebraska

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Haynes v. Haynes, 205 Neb. 35, 286 N.W.2d 108 (1979)<br />

While it is true that a parent has a natural right to the custody of his child, the court is<br />

not bound as a matter of law to restore a child to a parent under any and all<br />

circumstances. The welfare of a child of tender years is paramount to the wishes of<br />

the parent where it has formed a natural attachment for persons who have long been<br />

in the relation of parents with the parents’ approval and consent<br />

Hibbard v. Hibbard, 230 Neb. 364, 366, 431 N.W.2d 637, 639 (1988).<br />

<strong>Child</strong>ren have the right to be treated as interested and affected persons and not as<br />

pawns or chattel of either or both parents.<br />

Hickenbottom v. Hickenbottom; 239 Neb. 579; 477 N.W.2d 8 (1991)<br />

[T]he parties in a proceeding to dissolve a marriage cannot control the disposition of<br />

minor children by agreement. Hicks v. Hicks, 223 Neb. 189, 388 N.W.2d 510 (1986)<br />

A stepfather is the husband of a child’s mother by virtue of a marriage subsequent<br />

to that of which the child is the offspring; thus, a husband who divorces the mother of<br />

such a child is no longer the child’s stepfather.<br />

[U]nder appropriate circumstances, an ex-stepparent is entitled to visitation with a<br />

former stepchild.<br />

In re Interest of Brian B. et al., 268 Neb. 870, 689 N.W.2d 184 (2004)<br />

The right of parents to maintain custody of their child is a natural right, subject only<br />

to the paramount interest which the public has in the protection of the rights of the<br />

child.<br />

In re Interest of Karlie D., 283 Neb. 581, ____ N.W.2d ___ (March 2012)<br />

The <strong>Nebraska</strong> Juvenile Code clearly expresses a preference for placement with<br />

blood relatives.<br />

In re Interest of Lakota Z. & Jacob H., 282 Neb. 584, 804 N.W.2d 174 (October 2011)<br />

Under the parental preference principle, a parent’s natural right to the custody of his<br />

or her child trumps the interests of strangers to the parent-child relationship and the<br />

preferences of the child.<br />

Absent circumstances which justify terminating a parent’s constitutionally protected<br />

right to care for his or her child, due regard for the right requires that a biological or<br />

adoptive parent be presumptively regarded as the proper guardian for his or her<br />

child.<br />

In guardianship termination proceedings involving a biological or adoptive parent,<br />

the parental preference principle serves to establish a rebuttable presumption that<br />

the best interests of a child are served by reuniting the child with his or her parent.<br />

An individual who opposes the termination of a guardianship bears the burden of<br />

proving by clear and convincing evidence that the biological or adoptive parent either<br />

is unfit or has forfeited his or her right to custody. Absent such proof, the<br />

constitutional dimensions of the relationship between parent and child require<br />

termination of the guardianship and reunification with the parent.<br />

Parental unfitness means a personal deficiency or incapacity which has prevented,<br />

or will probably prevent, performance of a reasonable parental obligation in child<br />

rearing or which has caused, or probably will result in, detriment to a child’s well-<br />

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