Wells v. Tschacher

Nebraska Court of Appeals·Decided August 18, 2026·No. A-25-637·Unpublished

Opinion

IN THE NEBRASKA COURT OF APPEALS

MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion)

WELLS V. TSCHACHER

NOTICE: THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY NOT BE CITED EXCEPT AS PROVIDED BY NEB. CT. R. APP. P. § 2-102(E).

KIM WELLS, APPELLANT,

V.

CARA TSCHACHER AND TRAVIS ESTENCION, APPELLEES.

Filed August 18, 2026. No. A-25-637.

Appeal from the District Court for Scotts Bluff County: LEO P. DOBROVOLNY, Judge.

Affirmed.

Sterling T. Huff, P.C., L.L.O., for appellant. Jason A. Ossian, of Douglas, Kelly, Ostdiek, Snyder, Ossian & Vogl, P.C., for appellee Cara Tschacher.

BISHOP, WELCH, and FREEMAN, Judges. BISHOP, Judge.

INTRODUCTION

Kim Wells appeals the Scotts Bluff County District Court’s order denying her complaint for grandparent visitation with her grandchild, Emma E. We affirm.

BACKGROUND

Cara Tschacher, now known as Cara Beebe, and Travis Estencion are the biological parents of Emma, born in 2017. Kim is Travis’ mother and Emma’s grandmother.

Cara and Travis were never married. In March 2020, Cara filed a complaint to establish paternity, custody, parenting time, and support. In May, the district court entered an order approving the joint stipulation submitted by Cara and Travis. Pursuant to the order, the court decreed that Travis was Emma’s father, Cara was awarded legal and physical custody of Emma,

and Travis was awarded a weekly video call with his daughter and additional parenting time as the parties may agree.

In August 2023, Kim, along with Emma’s maternal grandmother and both grandmothers’

husbands, filed a complaint seeking grandparent visitation with Emma pursuant to Neb. Rev. Stat. §§ 43-1801 to 43-1803 (Reissue 2016). An amended complaint was subsequently filed wherein Kim and Emma’s maternal grandmother were the only named plaintiffs. Cara filed an answer opposing the complaint. The district court bifurcated the case for trial, noting that the “issues and evidence are significantly different.” The maternal grandmother’s trial (on affidavits and exhibits) took place in March 2025; Kim’s 2-day trial commenced in March and concluded in April. We note that the maternal grandmother’s request for grandparent visitation was subsequently denied. However, the maternal grandmother is not part of this appeal and will only be discussed as necessary.

Cara married Stanton Beebe in September 2024.

TRIAL

Kim called several witnesses to testify, and numerous exhibits were offered and received into evidence.

Kim testified that she and her husband, Jeremy Wells, have been married since 2012. They moved from Colorado to Nebraska in May 2019 to be closer to Emma, who was living with Cara and Travis at the time. Kim said, “[W]e made every effort to see them and spend time with them, give them the opportunity for date nights.” The maternal grandparents were also “very involved” in Emma’s care, “so there was a lot of coordinating with them as well.” Kim explained, “There were times that maybe Cara was working and tired and Travis was working, too, and [the maternal grandmother] would go pick up Emma from daycare, . . . and then we would meet and she would transfer Emma to me.” Kim was a “consistent presence” in Emma’s life. Kim saw Emma even more after Cara and Travis’ relationship ended. Kim helped care for Emma whenever she was needed and had some weekend visits. “It was about being present for her, being available” and “just being able to cultivate that relationship with Emma.” During Kim’s time with Emma, Emma was able to spend time with Kim’s great niece who was close in age to Emma. Kim said that the times when her great niece and Emma were together “were really fun, they loved each other so much” and enjoyed playing together. When Emma was with Kim, they would also video call Kim’s other grandchildren.

Kim’s contact with Emma began to decline in 2022 after Cara started a relationship with Stanton. Kim said:

Stanton and Cara showed up at our home to tell us that we would be severely limited on the time that we would get to spend with [Emma] because they were trying to start their own family unit and they just felt that it would be too complicated to continue to let us be in her life.

According to Kim, Cara and Stanton told her that “there was just too much going on, there were too many people that wanted to see Emma.” Kim said, “I did approach that from the perspective of, you know, we are on the paternal side of the family, we don’t have a large family, and I just felt like it was important to maintain that relationship with [Emma], um, as her grandma.” Kim

asked for visits every month in that first year and said she would have to ask several times; “sometimes Cara would cancel, she would have a headache, or her and Stanton had plans with Emma.” “And it really towards the end of 2022 literally felt like we were being amputated from her life.”

Some text messages between Kim and Cara were received into evidence in a transcription format. The first message is from February 10, 2022, and the last message is from May 28, 2023. Text messages from 2022 can be described as cordial. Some of the messages from February 2023 appear as follows (including all typographical and grammatical errors):

[2/13/23 4:19 PM] [Kim]: Hi. We would like to have Emma this weekend. Please let me know. It has been 2 months and we miss her.

[2/15/23 5:33 PM] [Kim]: Just wondering if you are going to give us an answer about seeing our granddaughter.

[2/15/23 6:11 PM] [Cara]: so I guess I don’t know how to tell you we’ve made plans for the weekend. I said from the beginning that if we don’t feel like it’s healthy for Emma. But from the start We haven’t made you happy With what time you have had. Its very obvious how upset you are with us, so I guess we can’t make everyone happy. Also, This is a statement, not a debate.

[2/15/23 6:25 PM] [Kim]: Emma’s relationship with us is healthy. What is unhealthy is keeping her from loving grandparents who she is bonded to and loves. The visits are sporadic and usually either cut short or cancelled or you ignore our requests altogether. We spoke to an attorney regarding the grandparent alienation you continue to create and he said to give you one chance to meet with us to set up a regular monthly visit or we will have no choice but to seek a legal formal schedule to allow our granddaughter to maintain her relationship with us. Your continued refusal to allow us to see her is based on your issues (either real or perceived) with us and do not have any basis for it being negative with Emma. The ball is in your court. You have a chance to work with us regarding our granddaughter. And for the record, as we have stated numerous times, we are frustrated not upset. We would be willing to meet with you to discuss a consistent schedule. If we don’t hear from you in a week then we will have no chance but take legal action.

(Brackets around dates and times in original.)

In March 2023, Kim, Cara, and their husbands met at a restaurant. Kim acknowledged that at that meeting she indicated that she was firm on wanting a weekend each month. Kim testified, “Cara became very emotional, um, and was crying that she just didn’t get enough time with Emma.” Kim was “acquiescent to the fact that [Cara] was a working parent and tried to compromise with her.” They came to “an informal agreement to commit to the once a month visitation with Emma” from Saturday at 11 a.m. to Sunday at 5 p.m., and scheduled a March visit. Kim subsequently had an overnight visit with Emma in March, at which time an April visit was scheduled, but that April visit did not occur because there was a conflict “[f]rom Cara’s side” and attempts to pick another weekend in April were not successful. The March visit was Kim’s last visit with Emma.

Some of the text messages from April and May 2023 appear as follows (including all typographical and grammatical errors):

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