Child Support Enforcement - Sarpy County Nebraska

Source: Laws 1974, LB 354, § 226, UPC § 5-204; Laws 1995, LB 712, § 18; Laws 1998, LB 1041, § 4;
Laws 1999, LB 375, § 1.
§ 30-2610 Court appointment of guardian of minor; qualification; priority of minor’s
nominee. The court may appoint as guardian any person whose appointment would be in the best
interests of the minor. The court shall appoint a person nominated by the minor, if the minor is
fourteen years of age or older, unless the court finds the appointment contrary to the best
interests of the minor.
Source: Laws 1974, LB 354, § 228, UPC § 5-206
§ 30-2611 Court appointment of guardian of minor; procedure.
(a) Notice of the time and place of hearing of a petition for the appointment of a guardian of a
minor is to be given by the petitioner in the manner prescribed by section 30-2220 to:
(1) the minor, if he is fourteen or more years of age;
(2) the person who has had the principal care and custody of the minor during the sixty days
preceding the date of the petition; and
(3) any living parent of the minor.
(b) Upon hearing, if the court finds that a qualified person seeks appointment, venue is proper,
the required notices have been given, the requirements of section 30-2608 have been met, and
the welfare and best interests of the minor will be served by the requested appointment, it shall
make the appointment. In other cases the court may dismiss the proceedings, or make any other
disposition of the matter that will best serve the interest of the minor.
I If necessary, the court may appoint a temporary guardian, with the status of an ordinary
guardian of a minor, but the authority of a temporary guardian shall not last longer than six
months. In an emergency, the court may appoint a temporary guardian of a minor without
notice, pending notice and hearing.
(d) If, at any time in the proceeding, the court determines that the interests of the minor are or
may be inadequately represented, it may appoint an attorney to represent the minor, giving
consideration to the preference of the minor if the minor is fourteen years of age or older.
Source: Laws 1974, LB 354, § 229, UPC § 5-207; Laws 1978, LB 650, § 20.
Farnsworth v. Farnsworth, 276 Neb. 653, 756 N.W.2d 522 (2008)
Although the question present in every child custody case is the best interests of the
child, a court cannot overlook or disregard that the best interests standard is subject
to the overriding recognition that the relationship between parent and child is
constitutionally protected. The U.S. Supreme Court has held that due process of law
requires a parent to be granted a hearing on his or her fitness as a parent before
being deprived of custody. And the right of a parent to the care, custody, and
management of his or her children is considered one of the most basic rights of man.
(citing Stanley v. Illinois, 405 U.S. 645, 92 S. Ct. 1208, 31 L. Ed. 2d 551 (1972))
in re Guardianship of Elizabeth H., 17 Neb. App. 752, 771 N.W.2d 185 (2009)
This Mom managed to convince the court of appeals that she was unfit. Not an easy task.
A guardianship is no more than a temporary custody arrangement established for
the well-being of a child. The appointment of a guardian is not a de facto termination
of parental rights, which results in a final and complete severance of the child from
the parent and removes the entire bundle of parental rights. Rather, guardianships
give parents an opportunity to temporarily relieve themselves of the burdens
involved in raising a child, thereby enabling parents to take those steps
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