§ 43-1803 — Venue; petition; contents; service

Nebraska § 43-1803

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

Text

(1) If the minor child's parent or parents are deceased or have never been married, a grandparent seeking visitation shall file a petition in the district court in the county in which the minor child resides. If the marriage of the parents of a minor child has been dissolved or a petition for the dissolution of such marriage has been filed, is still pending, but no decree has been entered, a grandparent seeking visitation shall file a petition for such visitation in the district court in the county in which the dissolution was had or the proceedings are taking place. The county court or the district court may hear the proceeding as provided in section 25-2740 . The form of the petition and all other pleadings required by this section shall be prescribed by the Supreme Court. The petition shall include the following:
(a) The name and address of the petitioner and his or her attorney;
(b) The name and address of the parent, guardian, or other party having custody of the child or children;
(c) The name and address of any parent not having custody of the child or children if applicable;
(d) The name and year of birth of each child with whom visitation is sought;
(e) The relationship of petitioner to such child or children;
(f) An allegation that the parties have attempted to reconcile their differences, but the differences are irreconcilable and such parties have no recourse but to seek redress from the court; and
(g) A statement of the relief sought.
(2) When a petition seeking visitation is filed, a copy of the petition shall be served upon the parent or parents or other party having custody of the child and upon any parent not having custody of such child by personal service or in the manner provided in section 25-517.02 .

Legislative History

Source: Laws 1986, LB 105, § 3; Laws 1996, LB 1296, § 26; Laws 1997, LB 229, § 39; Laws 2007, LB221, § 2. Annotations: Pursuant to subsection (1) of this section, the fact that the granting of a petition for grandparent visitation might be unconstitutional as applied does not deprive a court of subject matter jurisdiction over a petition; rather, it simply means that the grandparent visitation statutes cannot be constitutionally applied to a particular scenario. Kane v. Kane, 311 Neb. 657, 974 N.W.2d 312 (2022). In an action for grandparent visitation, the noncustodial father has a statutory right to be served with a copy of the petition and to be given notice of the trial. Davis v. Moats, 308 Neb. 757, 956 N.W.2d 682 (2021). It is clear from the language of subdivision (2) of this section that both parents should be served with a copy of the petition in an action for grandparent visitation. Davis v. Moats, 308 Neb. 757, 956 N.W.2d 682 (2021). A grandparent visitation action may be initiated either during the dissolution proceeding or after the marriage of the parents has been dissolved. Rosse v. Rosse, 244 Neb. 967, 510 N.W.2d 73 (1994). A noncustodial parent is entitled to be served and participate in grandparent visitation proceedings by virtue of both subdivision (2) of this section and the parent's constitutionally protected parental rights. A noncustodial parent is an indispensable party to grandparent visitation actions, and when the parent is not joined as a party, the court lacks jurisdiction to consider such action. Morse v. Olmer, 29 Neb. App. 346, 954 N.W.2d 638 (2021). A proceeding for grandparent visitation under this section is subject to the Nebraska Child Custody Jurisdiction Act, section 43-1201 et seq. Dorszynski v. Reier, 6 Neb. App. 877, 578 N.W.2d 457 (1998). Note: Sections 43-1201 to 43-1225 were repealed in 2003. Juvenile court is not the proper venue for grandparents seeking visitation rights of children placed in the temporary custody of the Nebraska Department of Social Services, since this section specifically provides for venue in the district court of the county where the children reside or in the district court where dissolution of parents' marriage was pending or was dissolved. In re Interest of Zachary W. & Alyssa W., 3 Neb. App. 274, 526 N.W.2d 233 (1994).