Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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make the appointment. In other cases the court may dismiss the proceedings, or make any other<br />
disposition of the matter that will best serve the interest of the minor.<br />
(c) If necessary, the court may appoint a temporary guardian, with the status of an ordinary<br />
guardian of a minor, but the authority of a temporary guardian shall not last longer than six<br />
months. In an emergency, the court may appoint a temporary guardian of a minor without<br />
notice, pending notice and hearing.<br />
(d) If, at any time in the proceeding, the court determines that the interests of the minor are or<br />
may be inadequately represented, it may appoint an attorney to represent the minor, giving<br />
consideration to the preference of the minor if the minor is fourteen years of age or older.<br />
Source: Laws 1974, LB 354, § 229, UPC § 5-207; Laws 1978, LB 650, § 20.<br />
Farnsworth v. Farnsworth, 276 Neb. 653, 756 N.W.2d 522 (2008)<br />
Although the question present in every child custody case is the best interests of the<br />
child, a court cannot overlook or disregard that the best interests standard is subject<br />
to the overriding recognition that the relationship between parent and child is<br />
constitutionally protected. The U.S. Supreme Court has held that due process of law<br />
requires a parent to be granted a hearing on his or her fitness as a parent before<br />
being deprived of custody. And the right of a parent to the care, custody, and<br />
management of his or her children is considered one of the most basic rights of man.<br />
(citing Stanley v. Illinois, 405 U.S. 645, 92 S. Ct. 1208, 31 L. Ed. 2d 551 (1972))<br />
in re Guardianship of Elizabeth H., 17 Neb. App. 752, 771 N.W.2d 185 (2009)<br />
This Mom managed to convince the court of appeals that she was unfit. Not an easy task.<br />
A guardianship is no more than a temporary custody arrangement established for<br />
the well-being of a child. The appointment of a guardian is not a de facto termination<br />
of parental rights, which results in a final and complete severance of the child from<br />
the parent and removes the entire bundle of parental rights. Rather, guardianships<br />
give parents an opportunity to temporarily relieve themselves of the burdens<br />
involved in raising a child, thereby enabling parents to take those steps<br />
necessary to better their situation so they can resume custody of their child in<br />
the future.<br />
Granting one legal custody of a child confers neither parenthood nor adoption; a<br />
guardian is subject to removal at any time.<br />
The parental preference principle applies in guardianship proceedings that affect<br />
child custody.<br />
The parental preference principle establishes a rebuttable presumption that the best<br />
interests of a child are served by reuniting the child with his or her parent.<br />
The parental preference principle provides that a parent has a natural right to the<br />
custody of his or her child which trumps the interest of strangers to the parent-child<br />
relationship and the preferences of the child.<br />
An individual who seeks appointment as a guardian over the objection of a biological<br />
or adoptive parent bears the burden of proving by clear and convincing evidence<br />
that the biological or adoptive parent is unfit or has forfeited his or her right to<br />
custody. Absent such proof, the constitutional dimensions of the relationship<br />
between parent and child require a court to deny the request for a guardianship.<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 and which has caused, or probably will result in, detriment to a child’s wellbeing.<br />
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