Rodas v. Franco

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Rodas v. Franco

Case Number
A-21-0193
Court Number
Sarpy
Call Date
January 11, 2022
Case Time
1:00 PM
Case Summary

A-21-0193, Diana Rodriguez Rodas n/k/a Diana Rodriguez Doyle (appellant) v. Ismael Ramirez Franco

Sarpy County, District Judge Stephanie Martinez

Attorney for Appellant:  Renee L. Mathias (Schaefer Shapiro, LLP)

Attorney for Appellee:  Alton E. Mitchell (Alton E. Mitchell Attorney at Law, LLC)

Civil Action:  custody modification, contempt of court

Action Taken by Trial Court:  The district court found that the evidence established a material change in circumstances and that modifying custody was in the best interests of the child. It therefore awarded sole legal and physical custody to appellee, subject to appellant’s parenting time, and it held appellant in contempt for violating the dissolution decree.

Assignments of Error on Appeal:  The appellant assigns that the district court erred in (1) finding that appellee met his burden of showing a material change in circumstances, (2) finding that it was in the child’s best interests to award custody to appellee, (3) declining to make a less significant change to the parenting plan, (4) failing to find that it was in the child’s best interests to award his custody to her, (5) finding her in civil contempt, (6) ordering a purge plan with payment amounts that were impossible for her to pay, and (7) imposing incarceration as part of the civil contempt proceedings by failing to state express findings regarding her ability to pay.

Case Location
Lincoln
Court Type
District Court
Schedule Code
A2
Panel Text
Pirtle, Chief Judge, Riedmann and Bishop, Judges