Dozier v. Weber, A-20-878

Twins Greyson and Henry Weber (b. 2014). 2018 paternity decree awarded joint legal custody, Dozier primary physical custody, and Weber alternating weekend parenting time; Weber ordered to pay $979/mo child support and granted one dependency exemption conditional on payment compliance.
In 2019 Dozier sought to relocate (initially Colorado; later took a Council Bluffs job and planned to move to Papillion). Weber filed a counter-complaint seeking sole legal and physical custody and requesting Dozier be ordered to pay child support, alleging instability, inadequate parenting, and poor co-parenting/communication.
At the August 2020 modification hearing, evidence showed Dozier working overnight nursing shifts 2–3 nights weekly with grandparents (and later her boyfriend) providing overnight care; both parents had communication problems but the children were medically and educationally current and involved in activities.
District court found no material change in circumstances warranting custody modification, rejecting claims of parental unfitness or excessive moves; it did, however, found a material change supporting a child-support adjustment and set Weber’s support at $587/mo per the parties’ stipulated calculation.
Weber moved to reconsider (arguing friendly-parent doctrine and credibility issues) and appealed after the court denied reconsideration.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a material change in circumstances occurred to justify modifying custody	Dozier’s employment, contemplated relocation, reliance on grandparents/boyfriend, and poor co-parenting amount to material change	These developments are natural life progressions, provide stable care, and do not show unfitness or change warranting custody modification	No material change; court did not abuse discretion
Whether custody should be modified to award Weber sole legal and physical custody	Weber argued he is the more cooperative (friendly) parent and Dozier’s conduct harms children’s best interests	Dozier is a fit parent; children have stable care and involvement from both parents	Custody not modified because no material change; error not shown
Whether child support should be modified so Dozier pays Weber	Weber sought support based on proposed custody change	Court adjusted support downward for Weber (to $587) based on income/family status changes and declined support change based on custody because custody unchanged	Court properly declined to modify child support based on custody; set support per stipulation

VanSkiver v. VanSkiver, 303 Neb. 664, 930 N.W.2d 569 (standard of review and discretion in modification of dissolution decrees)
Weaver v. Weaver, 308 Neb. 373, 954 N.W.2d 619 (two-step test for modifying custody: material change and best interests)
Jones v. Jones, 305 Neb. 615, 941 N.W.2d 501 (material-change requirement for custody modification)
Bohnet v. Bohnet, 22 Neb. App. 846, 862 N.W.2d 99 (intrastate move alone does not justify custody change absent unfitness or best-interest showing)
Lodden v. Lodden, 243 Neb. 14, 497 N.W.2d 59 (change in circumstances required to modify child support)
Robb v. Robb, 268 Neb. 694, 687 N.W.2d 195 (definition of judicial abuse of discretion)
Seivert v. Alli, 309 Neb. 246, 959 N.W.2d 777 (appellate deference to trial court credibility findings)