An appeals court in Nebraska ruled that a decision handed down by a judge in Iowa regarding a custody case was invalid. The mother of two boys from Omaha now lives in Iowa. A panel of three judges of the Nebraska Court of Appeals ruled a decision should be rendered by a Douglas County court judge.
According to court documents, the unwed biological parents' two boys were born in Omaha in 2010 and 2013. The mother had filed a domestic violence protection order against her partner after moving to Creston, Iowa. The boys had been living with her until her relocation. The Iowa judge allowed the order and gave her temporary custody of her two children. She later moved back to Omaha, gaining custody of the younger son.
The father of the boys had attempted to obtain custody in Douglas County, but the judge ruled the matter had been decided in the Iowa courts.
The mother now has to return to Nebraska to argue her case again, according to an appeals court. The Douglas County court will have to decide which parent should retain custody
The mother appeared before the court to file for custody as quickly as possible, given the issue of domestic violence.
The father had testified that the two boys had lived with him since their birth in Omaha. When the mother took the younger son with her back to Iowa, the courts noted Nebraska was the state of residence of the children.
The father contends the Nebraska venue was the correct one. He currently has been living with the older boy but was eager to argue the case in Douglas County. The mother is frustrated with having to repeat her case in another state, incur additional expense and relive the alleged domestic violence charge.
Charges of domestic violence are serious factors in the consideration of child custody cases. If you live in Nebraska and are involved in parenting issues in an abusive home situation, you should seek assistance from a qualified legal professional who can explain the law to you and protect your rights as well as the rights of your children.
Source: Star Herald, "Court: Custody case belongs in Nebraska, not Iowa" Jul. 02, 2014