23.06.2014 Views

Child Support Enforcement - Sarpy County Nebraska

Child Support Enforcement - Sarpy County Nebraska

Child Support Enforcement - Sarpy County Nebraska

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

A mother’s testimony that one is the father of her child is sufficient only if she be<br />

corroborated as to material facts and circumstances which tend to support her<br />

testimony and from which, together with her testimony as to the principal act, the<br />

inference of paternity may be drawn.<br />

The burden in a criminal proceeding is to produce proof beyond a reasonable doubt<br />

of every element of a charged offense. The doctrines of res judicata and collateral<br />

estoppel are not applicable when the burden of persuasion is different in the<br />

subsequent proceeding.<br />

See also <strong>Nebraska</strong> v. Bright, 238 Neb. 348, 470 N.W.2d 181 (1991)<br />

(Quite) a bit about Custody & Visitation<br />

(See also <strong>Child</strong> <strong>Support</strong> Guidelines)<br />

The <strong>Nebraska</strong> bar association has produced a PDF brochure addressing the issues of child<br />

custody and visitation. It is available at:<br />

http://nebar.com/associations/8143/files/2012_CustodyVisitation.pdf<br />

§ 42-358. Attorney for minor child; appointment; powers; child or spousal support;<br />

records; income withholding; contempt proceedings; fees; evidence; appeal.<br />

(b) The court may appoint an attorney to protect the interests<br />

of any minor children of the parties. Such attorney shall be<br />

empowered to make independent investigations and to<br />

cause witnesses to appear and testify on matters pertinent<br />

to the welfare of the children. The court shall by order fix<br />

the fee, including disbursements, for such attorney, which<br />

amount shall be taxed as costs and paid by the parties as<br />

ordered. If the court finds that the party responsible is<br />

indigent, the court may order the county to pay the costs.<br />

…<br />

Annotations:<br />

From June 1, 1998, forward, when appointing a guardian ad litem or an attorney to represent the interests<br />

of the minor pursuant to this section in forums other than the juvenile court, the appointing court, in the<br />

order making the appointment, shall specify whether the person appointed is to act as a guardian ad litem<br />

or as an attorney pursuant to this section. One person may not serve in both capacities. Betz v. Betz,<br />

254 Neb. 341, 575 N.W.2d 406 (1998).<br />

§43-1226 – 43-1266 are provisions of the Uniform <strong>Child</strong> Custody Jurisdiction and<br />

<strong>Enforcement</strong> Act - UCCJEA (RRS <strong>Nebraska</strong> 2003)<br />

Neb. Rev. Stat. § 42-364(2) (Reissue 1998) provides that in determining a child’s best interests<br />

in custody and visitation matters, the factors to be considered shall include, but not be limited to,<br />

the following:<br />

The relationship of the minor child to each parent prior to the commencement of<br />

the action or any subsequent hearing;<br />

(b) The desires and wishes of the minor child if of an age of comprehension<br />

regardless of chronological age, when such desires and wishes are based on<br />

sound reasoning;<br />

(c) The general health, welfare, and social behavior of the minor child; and<br />

(d) Credible evidence of abuse inflicted on any family or household member.<br />

- 45 -

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!