Anderson v. Anderson

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Anderson v. Anderson

Case Number
Court Number
Call Date
March 13, 2019
Case Time
9:30 AM
Case Summary

A-18-435,  Anderson (Appellant)_v. Anderson, et al. (appellees/intervenors/cross-appellants)

Thayer County, District Court Judge Vicky L. Johnson

Attorney for Appellant: Matt Catlett (Law Office of Matt Catlett)

Attorney for Appellee:  Daniel L. Werner (Daniel L. Werner, P.C., L.L.O.)

Civil Action:  Custody modification; Intervention by Grandparents

Action Taken by Trial Court:  The district court permitted grandparents to intervene to modify a custody order to award sole legal and physical custody of minor children to grandparents.

Assignments of Error on Appeal:  The father has appealed contending that the district court erred in (1) finding that it had subject matter jurisdiction; (2) permitting the grandparents to intervene; (3) conducting a hearing in Fillmore County, Nebraska when the case was based in Thayer County; (4) awarding temporary custody of the minor children to the grandparents and delegating to the grandparents that sole responsibility and authority to determine the time, extent, and manner of his visitation, and ordering him to pay temporary child support; (5) requiring the father to attend counseling and then permitting his counselor to testify; (6) denying the father’s motion to disqualify; (7) in failing to permit the father to call the minor children as witnesses or cross-examine them; (8) in considering occurrences prior to May 19, 2014; (9) in finding that the father had abandoned the minor children and awarding custody to the grandparents based upon that finding; (10) failing to award attorney fees; (11) denying the father’s motion for new trial and motion to alter or amend; (12) relying on inadmissible and “non-evidence” in rendering judgment; and (13) depriving the father of his rights to procedural and substantive due process. The grandparents (appellees/intervenors/cross-appellants) have cross-appealed assigning as error that the district court erred in failing to find that the father was unfit or had forfeited his superior right to custody.

Case Location
Court Type
District Court
Schedule Code
Panel Text
Pirtle, Arterburn, and Welch, Judges