Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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An order of dismissal or dismissal by operation of law divests a court of jurisdiction<br />
to take any further action in the matter.<br />
In civil cases, a court of general jurisdiction has inherent power to vacate or modify<br />
its own judgment at any time during the term in which the court issued it.<br />
[W]e hold that a motion to reinstate a dismissed action, of which the opposing party<br />
has notice, has jurisdictional priority over a later complaint filed in a different court<br />
involving the same subject matter and the same parties.<br />
Under Neb. Rev. Stat. § 25-2740(3) (Reissue 2008), the jurisdiction conferred on a<br />
county court to decide custody issues refers to a county court sitting as a juvenile<br />
court and provides the juvenile court with concurrent jurisdiction over a custody<br />
determination for an adjudicated juvenile, not exclusive jurisdiction.<br />
Under Neb. Rev. Stat. § 43-2,113(2) (Reissue 2008), if a juvenile court judge<br />
consents to a transfer of a custody case and the district court transfers the case to<br />
juvenile court, the case is “filed” with the county court, sitting as a juvenile court, or<br />
the separate juvenile court when a certified copy of the district court’s transfer order<br />
is filed in the juvenile court.<br />
Juvenile courts do not acquire jurisdiction over a marital dissolution action or a<br />
custody proceeding unless three conditions are met: (1) The juvenile court has<br />
already acquired jurisdiction over the parties’ child; (2) the juvenile court judge<br />
consented to transferring the case to juvenile court; and (3) the district court has<br />
issued a transfer order, a certified copy of which has been filed in the county court,<br />
sitting as a juvenile court, or in the separate juvenile court.<br />
in 2008, the Legislature enacted L.B. 280, which was intended to expand the<br />
juvenile court’s jurisdiction to include custody determinations for juveniles whom the<br />
court has adjudicated under § 43-247(3).<br />
Under § 25-2740(3), the jurisdiction conferred on a county court to decide custody<br />
issues clearly refers to a county court sitting as a juvenile court because the court<br />
must have already obtained jurisdiction over the child. But § 25-2740(3) provides a<br />
juvenile court with concurrent jurisdiction over a custody determination for an<br />
adjudicated juvenile, not exclusive jurisdiction.<br />
the juvenile court cannot acquire jurisdiction over a custody determination unless a<br />
party has previously filed a complaint for a dissolution or a custody modification in<br />
district court.<br />
<strong>Nebraska</strong> v. Storz, 235 Neb. 368, 455 N.W.2d 182 (1990)<br />
<strong>Child</strong> conceived after the divorce decree was signed but before the parents’ divorce<br />
decree was final is a child of the marriage, and only the court which heard the<br />
divorce has the jurisdiction to address issues relating to the support of the child.<br />
Rozsnyai v. Svacek, 272 Neb. 567, 723 N.W.2d 329 (2006)<br />
Pursuant to Neb. Rev. Stat. § 42-351 (Reissue 2004), full and complete general<br />
jurisdiction over the entire marital relationship and all related matters is vested in the<br />
county or district court in which a petition for dissolution of marriage is properly filed.<br />
Neb. Rev. Stat. §42-349 (Reissue 2004) provides that in order to maintain an action<br />
for divorce in <strong>Nebraska</strong>, one of the parties must have had “actual residence in this<br />
state with a bona fide intention of making this state his or her permanent home for at<br />
least one year prior to the filing of the complaint.”<br />
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