In Re Guardianship of Elizabeth H.

771 N.W.2d 185, 17 Neb. Ct. App. 752
CourtNebraska Court of Appeals
DecidedJuly 14, 2009
DocketA-08-830
StatusPublished
Cited by9 cases

This text of 771 N.W.2d 185 (In Re Guardianship of Elizabeth H.) is published on Counsel Stack Legal Research, covering Nebraska Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Guardianship of Elizabeth H., 771 N.W.2d 185, 17 Neb. Ct. App. 752 (Neb. Ct. App. 2009).

Opinion

771 N.W.2d 185 (2009)
17 Neb. App. 752

In re Guardianship of ELIZABETH H., a minor.
Beth R., appellant,
v.
Thomas H. and Susan H., appellees.

No. A-08-830.

Court of Appeals of Nebraska.

July 14, 2009.

*188 Sandra Stern, Omaha, for appellant.

C.G. (Dooley) Jolly, of Forsberg & Jolly Law, P.C., L.L.O., for appellees.

IRWIN, CARLSON, and MOORE, Judges.

MOORE, Judge.

INTRODUCTION

Thomas H. and Susan H. filed a petition for guardianship of their granddaughter, Elizabeth H. Elizabeth's natural mother, Beth R., objected to the guardianship. Following a trial, the Douglas County Court found Beth to be unfit and granted the amended petition for guardianship. Beth now appeals, and for the reasons set forth herein, we affirm.

BACKGROUND

Thomas and Susan filed this action to establish guardianship of their granddaughter, Elizabeth. Thomas and Susan's daughter and Elizabeth's natural mother is Beth. Elizabeth's father was incarcerated at the time of the hearing on this matter, but received notice and appeared telephonically for some of the proceedings. Elizabeth was born in April 2002, and Beth thereafter gave birth to three sons, born in April 2005, May 2006, and January 2008.

On January 22, 2008, Thomas and Susan filed a petition for guardianship of Elizabeth alleging that both Beth and Elizabeth's father were unable or unwilling to provide the requisite care and supervision that Elizabeth required. They also asked the court to appoint a temporary guardian, pending notice and hearing on permanent guardianship, asserting that Beth had abandoned Elizabeth and that Elizabeth's father was incarcerated. On February 26, the county court issued letters of temporary coguardianship to Thomas and Susan, and they filed acceptances the same day.

On March 7, 2008, Beth filed an answer to the petition for guardianship, stating that she was willing, able, and competent *189 to care for Elizabeth, had not abandoned her, and had requested Elizabeth's return on numerous occasions. Beth asked the court to deny the guardianship and order Elizabeth to be returned to her.

On April 15, 2008, Beth moved to set aside the temporary guardianship. A hearing on that motion was held on May 21. The record does not reflect that the court explicitly ruled on the motion, but in an order dated May 21, 2008, the court ordered a permanent guardianship hearing and therefore implicitly denied it. The order also allowed visitation, but set forth no specific visitation requirements.

On May 21, 2008, Thomas and Susan filed an amended petition for guardianship, which the court heard on June 30. Thomas and Susan called five witnesses to testify: Beth; Susan; Thomas; Sonya R., who is Beth's former mother-in-law; and an employee at the daycare that Elizabeth attended in 2004. Beth testified in her own behalf and called two additional witnesses: a family support worker and visitation specialist, who had observed her recent visits with Elizabeth, and a family friend.

Beth was 24 years old at the time of the trial and has four children—Elizabeth, who was then 6 years old, and three sons who were then 3 years old, 2 years old, and 5 months old. Each of the four children has a different father. Beth was in a relationship with Elizabeth's father for approximately 2 or 3 weeks. He was incarcerated for attempted murder at the time of the trial. Beth had had some contact with him since Elizabeth's birth; she had sent him pictures of her children, and he had sent her letters, although she rarely ever sent a letter back to him.

After Elizabeth was born, Beth lived with her parents until Elizabeth was 2 or 2½ years old. While they were living with Thomas and Susan, Beth worked and Elizabeth went to daycare during Beth's work hours. Susan testified that for the first year of Elizabeth's life, Beth was a good mother, but then she became more interested in "doing things" with her friends. Susan said Beth also took Elizabeth to daycare when Beth had the day off from work instead of spending time with her. Susan described the upstairs portion of the house where Beth lived with Elizabeth as "shocking" and stated that there were soiled diapers on the floor in all of the rooms, the crib sheet was so dirty that it was stiff, and there were several old bottles "all over the floor."

In approximately January 2004, Beth moved out of Thomas and Susan's home and she and Elizabeth moved in with a man, with whom Beth lived for approximately 4 or 5 months. During her deposition, Beth was unable to remember the man's last name. Beth took Elizabeth to live with Thomas and Susan on March 7. Susan testified that Beth contacted her and Thomas and asked if Elizabeth could stay with them while she got back on her feet. Beth acknowledged that she "wasn't in a good spot for a long time." Elizabeth has not returned to live with Beth, and Beth has not returned to live at Thomas and Susan's home with Elizabeth since that time.

During the first few weeks that Elizabeth lived with Thomas and Susan, they kept Elizabeth during the week and Beth picked her up from daycare on Friday afternoon, kept her over the weekend, and returned her on Sunday afternoon. Susan stated that they suggested that arrangement because Beth was partying and they did not want to give her free rein, because they felt she needed to take time to take care of her child.

On March 21, 2004, after a weekend visit, Beth returned Elizabeth with an injury, *190 which Susan and Beth both described as a burn, to her nose and upper lip. A photograph of the injury appears in the record. Beth testified that Elizabeth received the injury while visiting Elizabeth's father. Beth testified that she dropped Elizabeth off with Elizabeth's father for an hour and that when she returned to pick her up, she had the injury. Beth also testified that she took Elizabeth to get medical treatment, paid for the medical appointment, and filed a police report regarding the incident. Susan testified, however, that when she asked Beth how the injury occurred, Beth responded that she was in the next room for a couple of hours and that when she came out, Elizabeth's nose was burned. Susan also said Beth told her that she took Elizabeth to the emergency room, but that she was told they would not treat Elizabeth because Beth could not tell them how Elizabeth sustained the injury. Elizabeth has not seen her father since the injury.

On March 24, 2004, following the injury, Susan suggested to Beth that Susan and Thomas keep Elizabeth full time so Elizabeth would have more stability. Beth quickly agreed. Susan recalled that Beth did not see Elizabeth for 6 months after that. Beth called once during that timeframe to visit, but because it was going to be late in the evening, Susan suggested that Beth come when she had a day off. Susan testified that Beth knew where Elizabeth was living with Thomas and Susan, their telephone number had not changed, they did not attempt to hide Elizabeth or interfere in the mother-daughter relationship, and they never indicated that Beth was not welcome in their home.

Beth was convicted of driving under the influence in 2005. In April 2005, Beth gave birth to a son. In May 2006, she gave birth to another son. Beth married Nick R., that son's father, in July 2005. The couple separated in July 2006 and divorced thereafter. While they were married, Beth filed a petition for a protection order against Nick and assault charges were also filed against him. Beth stated that during the time she was married, she was in a position to take Elizabeth back.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re Guardianship of Kayn M.
Nebraska Court of Appeals, 2023
In re Guardianship of Kyoko R.
Nebraska Court of Appeals, 2019
In re Interest of Kristina S.
Nebraska Court of Appeals, 2019
Heather R. v. Mark R. (In re K.R.)
923 N.W.2d 435 (Nebraska Court of Appeals, 2018)
In re Guardianship of K.R.
26 Neb. 713 (Nebraska Court of Appeals, 2018)
In re Guardianship of Celeste T.
Nebraska Court of Appeals, 2015
In re Guardianship of Jordan M.
Nebraska Court of Appeals, 2014
In re Interest of Maykala P.
Nebraska Court of Appeals, 2014
In Re Guardianship of Nicholas P.
27 A.3d 653 (Supreme Court of New Hampshire, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
771 N.W.2d 185, 17 Neb. Ct. App. 752, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-guardianship-of-elizabeth-h-nebctapp-2009.