Berndt v. Berndt, 25 Neb. Ct. App. 272

Tonya and Scott Berndt divorced in 2012; they have two minor children (born 2005 and 2007). Joint legal and physical custody was ordered with children primarily residing with Scott and Tonya having weekend and summer parenting time.
In 2016 Tonya (now DiPasquale‑Martinez) sought modification to an alternating week on/week off parenting schedule, alleging material changes affecting the children’s best interests.
Since the decree: the children’s schools moved to Gordon/Rushville; Tonya maintains a home in Gordon (spends substantial time there and is often available during weekdays) though she primarily resides in Cheyenne; Scott lives on a ranch 36 miles from Gordon.
Sevanna (age 11 at trial) testified she wants equal time and feels more comfortable discussing some issues with her mother; both parents remain active in the children’s activities and communicate about parenting matters.
The trial court denied the modification, finding the only change was Sevanna’s preference and that this alone did not constitute a material change in circumstances.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a material change in circumstances occurred since the dissolution decree	Tonya: changes in children’s school locations, Tonya’s Gordon residence proximity to schools, and her weekday availability plus Sevanna’s preference amount to a material change	Scott: continuity/consistency is needed; Sevanna’s preference alone is insufficient and other circumstances don’t justify change	Court of appeals: Yes — combined changes (school relocation, residence proximity, parental availability, and child’s preference) constitute a material change
Whether modifying to a week on/week off schedule is in the children’s best interests	Tonya: alternating weekly schedule would increase stability, daily parental involvement, and let children be closer to schools/activities while with Tonya	Scott: weekly rotation would disrupt consistency and be detrimental to children	Court of appeals (de novo): Yes — modification is in children’s best interests; order reversed and remanded with directions to enter a week on/week off parenting plan

Hopkins v. Hopkins, 294 Neb. 417 (2016) (standards for modification of custody and best‑interests framework)
Mark J. v. Darla B., 21 Neb. App. 770 (2014) (material change of circumstances standard for visitation modification)
Floerchinger v. Floerchinger, 24 Neb. App. 120 (2016) (child’s preference considered when of sufficient age and intelligence)
Parker v. Parker, 234 Neb. 167 (1989) (appellate court may make best‑interests finding on de novo review)
Robb v. Robb, 268 Neb. 694 (2004) (factors to consider in custody and parenting determinations)