§ 43-1240 — Jurisdiction to modify determination

Nebraska § 43-1240

• Jurisdiction: Nebraska
• Ch. 43: Infants and Juveniles

Text

Except as otherwise provided in section 43-1241 , a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under subdivision (a)(1) or (a)(2) of section 43-1238 and:
(1) the court of the other state determines it no longer has exclusive, continuing jurisdiction under section 43-1239 or that a court of this state would be a more convenient forum under section 43-1244 ; or
(2) a court of this state or a court of the other state determines that the child, the child's parents, and any person acting as a parent do not presently reside in the other state.

Legislative History

Source: Laws 2003, LB 148, § 15. Annotations: Even though the issue was raised in a complaint to modify a dissolution decree and not on direct appeal, the district court properly voided the provisions of the decree finding that the ex-husband stood in loco parentis to the ex-wife's child from a prior relationship because the district court lacked jurisdiction to modify the custody judgment issued in another state concerning that child. Mann v. Mann, 316 Neb. 910, 7 N.W.3d 845 (2024).