Domestic Law - Supreme Court Review
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Authors
Issue Date
1978
Volume
11
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
FIRST PARAGRAPH(S)|During the survey period, the Nebraska Supreme Court considered numerous cases involving domestic law issues. Although the great majority of these decisions merely reaffirm longstanding law, several of these cases significantly alter or clarify Nebraska law.|CHILD CUSTODY|Several significant cases decided during the recent term involved custody of children. An important issue in these decisions involved the jurisdiction of the court over custody adjudication. In Sosso v. Sosso, the supreme court altered trial court practice and decided that a court in a divorce proceeding may not permanently terminate the custody of both the mother and father over their children. The court interpreted the district court's statutory authority to determine custody in divorce actions as "limited to provisions for children which will remain subject to change." The only proceeding in which parental rights can be permanently terminated is a "juvenile court... proceeding brought for that purpose. However, in consideration of prior judicial practice, the court was careful to date the decision prospective in effect. Thus in Rejda v. Rejda, the supreme court upheld a decision in which the district court, deciding prior to the effective date of Sosso, permanently terminated custody of both parents in a divorce proceeding...
Description
Citation
11 Creighton L. Rev. 209 (1977-1978)
Publisher
Creighton University School of Law