Domestic Law - Supreme Court Review
FIRST PARAGRAPH(S)|During the survey period the Nebraska Supreme Court touched on many family law questions. Though most of the opinions represented only reaffirmation of longstanding positions, there were a few decisions of real significance for Nebraska attorneys.|CHILD CUSTODY|Many cases this term involved the determination of custody of minor children. In several of these decisions the court was quick to reaffirm the rule that in awarding custody of minor children the court's primary concern is the best interests and welfare of the children. Representative of these cases was Ford v. Ford, in which the court reaffirmed the criteria for determining the best interests of a child. A year earlier in Christensen v. Christensen the court held that decisions as to custody of minor children were primarily subjective and based on general circumstances in each case. A particularly interesting case considered the splitting of custody of two minor children between parents. In Braeman v. Braeman, the parties to the action were both professionals and each had a rather limited amount of time to devote to child-rearing. In affirming the splitting of custody fashioned by the district court, the state supreme court found that each party wanted custody for the best of motives, and that each party was a suitable parent. In doing so, it rejected the wife's contention that the splitting of custody would be violative of public policy, or contrary to the best interests of the children...
9 Creighton L. Rev. 69 (1975-1976)
Creighton University School of Law