§ 43-2930 — Child information affidavit; when required; contents; hearing; temporary parenting order; contents; form; temporary support

Nebraska § 43-2930

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

Text

(1) Each party to a contested
proceeding for a temporary order relating to parenting functions or custody,
parenting time, visitation, or other access shall offer a child information
affidavit as an exhibit at the hearing before the court. The child information
affidavit shall be verified to the extent known or reasonably discoverable
by the filing party or parties and may include the following:
(a) The name, address, and length of residence with any adults
with whom each child has lived for the preceding twelve months; except that
the address shall only include the county and state for a parent who is living
in an undisclosed location because of safety concerns;
(b) The performance by each parent or person acting as parent
for the preceding twelve months of the parenting functions relating to the
daily needs of the child;
(c) A description of the work and child care schedules for
the preceding twelve months of any person seeking custody, parenting time,
visitation, or other access and any expected changes to these schedules in
the near future;
(d) A description of the current proposed work and child
care schedules; and
(e) A description of the child's school and extracurricular
activities, including who is responsible for transportation of the child.
The child information affidavit may also state any circumstances
of child abuse or neglect, domestic intimate partner abuse, or unresolved
parental conflict that are likely to pose a risk to the child and that warrant
limitation on the award of temporary custody, parenting time, visitation,
or other access to the child pending entry of a permanent parenting plan,
including any restraining orders, protection orders, or criminal no-contact
orders against either parent or a person acting as a parent by case number
and jurisdiction.
(2) After a contested hearing by live testimony or affidavit,
the court shall enter a temporary parenting order that includes:
(a) Provision for temporary legal custody;
(b) Provisions for temporary physical custody, which shall
include either:
(i) A parenting time, visitation, or other access schedule
that designates in which home each child will reside on given days of the
year; or
(ii) A formula or method for determining such a schedule
in sufficient detail that, if necessary, the schedule can be enforced in subsequent
proceedings by the court;
(c) Designation of a temporary residence for the child;
(d) Reference to any existing restraining orders, protection
orders, or criminal no-contact orders as well as provisions for safety and
a transition plan, consistent with any court's finding of child abuse or neglect,
domestic intimate partner abuse, or unresolved parental conflict in order
to provide for the safety of a child and a parent who has physical custody of the child necessary
for the best interests of the child; and
(e) If appropriate, a requirement that a parent complete
a program of intervention for perpetrators of domestic violence, a program
for drug or alcohol abuse, or a program designed to correct another factor
as a condition of parenting time.
(3) A party may move for an order to show cause, and the
court may enter a modified temporary parenting order.
(4) The State Court Administrator's office shall create a
form that may be used by the parties to create a child information affidavit
setting forth the elements identified in this section.
(5) Provisions for temporary support for the child and other
financial matters may be included in the temporary parenting order.

Legislative History

Source: Laws 2007, LB554, § 11; Laws 2008, LB1014, § 61; Laws 2013, LB561, § 51. Annotations: Pursuant to subdivision (2)(e) of this section, the district court did not abuse its discretion in ordering the mother to attend an anger management course and counseling to address her coparenting issues. Schriner v. Schriner, 25 Neb. App. 165, 903 N.W.2d 691 (2017).