Moscoso v. Curtis

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Moscoso v. Curtis

Case Number
Call Date
December 2, 2021
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-21-0442, Franklin Moscoso, Appellee, v. Lauren Curtis, Appellant

District Court for Douglas County, Hon. Kimberly Miller Pankonin

Attorneys:  Meghan Wolf, Nebraska Legal Group (for Appellant); Amber Ayres, Morris Law, LLC (for Appellee)

Civil: Paternity, Custody, and Child Support

Proceedings below: The district court awarded joint legal and physical custody of the children, found that Appellant “failed to meet her burden and the children are not permitted to be removed from the State of Nebraska,” awarded Appellant child support of $281 per month and addressed the other financial obligations related to the children’s care. It ordered the parties to each pay their own attorney’s fees and costs.

Issues:  Whether the district court abused its discretion in (1) applying an improper and heightened burden of proof to Appellant when determining whether the children should live with her in Iowa, (2) determining that it was not in the best interests of the children for Appellant to have physical custody of the children in Iowa, and (3) by failing to comply with the mandatory requirements of written findings as stated in Neb. Rev. Stat. Ann. § 43-2932.

Schedule Code