Nebraska § 43-1257 Hearing and order

Nebraska Statutes

§ 43-1257 — Hearing and order

Nebraska § 43-1257

Ch. 43Infants and Juveniles

This text of Nebraska § 43-1257 (Hearing and order) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 43-1257 (2026).

Text

(a)Unless the court issues a temporary emergency order pursuant to section 43-1241 , upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:

(1)the child custody determination has not been registered and confirmed under section 43-1252 and that:

(A)the issuing court did not have jurisdiction under sections 43-1238 to 43-1247 ;

(B)the child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under such sections; or

(C)the respondent was entitled to notice, but notice was not given in accordance with the standards of section 43-1

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(a) Unless the court issues a temporary emergency order pursuant to section 43-1241 , upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:
(1) the child custody determination has not been registered and confirmed under section 43-1252 and that:
(A) the issuing court did not have jurisdiction under sections 43-1238 to 43-1247 ;
(B) the child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under such sections; or
(C) the respondent was entitled to notice, but notice was not given in accordance with the standards of section 43-1233 , in the proceedings before the court that issued the order for which enforcement is sought; or
(2) the child custody determination for which enforcement is sought was registered and confirmed under section 43-1252 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under sections 43-1238 to 43-1247 .
(b) The court shall award the fees, costs, and expenses authorized under section 43-1259 and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate.
(c) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.
(d) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under sections 43-1248 to 43-1264 .