Franklin M. v. Lauren C., 969 N.W.2d 882

Franklin filed a paternity, custody, and support complaint (Nov. 2019) for two children born in 2013 and 2016; an ex parte order barred either parent from removing the children from Nebraska without court permission.
Lauren sought permission to relocate the children to Iowa to live with her fiance and work; Franklin opposed removal and sought custody relief.
Trial occurred April 26, 2021; evidence included testimony about parental fitness, community ties, proposed parenting schedules, and Lauren’s claims that Franklin had physically and verbally abused her.
The district court found Franklin and Lauren were the children’s biological parents, found by a preponderance that domestic abuse had occurred, awarded joint legal and joint physical custody under a 2-2-3 parenting plan, and ordered that the children not be removed from Nebraska, stating Lauren "failed to meet her burden." The court referenced Neb. Rev. Stat. § 43-2932 but gave no detailed findings.
Lauren appealed, arguing the court applied the wrong legal standard to her removal request and failed to make the § 43-2932 "special written findings." The Nebraska Supreme Court vacated the custody order and remanded for further proceedings.

Issue	Plaintiff's Argument (Franklin)	Defendant's Argument (Lauren)	Held
Whether the district court applied the correct legal standard for Lauren’s proposed removal to Iowa	Court properly required Lauren to meet Farnsworth removal burden and showed she did not justify relocation	Farnsworth threshold inapplicable in initial paternity custody determinations; court should resolve custody by parental fitness and best interests	Court erred as a matter of law: Farnsworth threshold was improperly applied; in an initial paternity custody determination court must evaluate parental fitness and best interests (including relocation evidence)
Whether the court complied with § 43-2932(3) after finding domestic intimate partner abuse	Award of joint custody was appropriate given protections referenced and parenting plan	Court failed to make the statutorily required "special written findings," did not identify imposed limits, and improperly placed burden	Court held § 43-2932(3) special written findings were insufficient; because the court found abuse but did not make required findings about adequate protection or identify limits, the custody award must be vacated and remanded for compliance

Farnsworth v. Farnsworth, 257 Neb. 242 (Neb. 1999) (articulates the two-step "true removal" test requiring custodial parent first show legitimate reason to leave state, then that move is in child’s best interests)
State on behalf of Pathammavong v. Pathammavong, 268 Neb. 1 (Neb. 2004) (holds Farnsworth threshold not required where court is making an initial custody determination in a paternity proceeding; decide custody by parental fitness and best interests)
Flores v. Flores-Guerrero, 290 Neb. 248 (Neb. 2015) (interprets § 43-2932 as mandatory when preponderance shows covered conduct and requires special written findings before awarding custody to the parent found to have committed the conduct)
Coleman v. Kahler, 17 Neb. App. 518 (Neb. Ct. App. 2009) (applies Pathammavong in a paternity/removal context and declines to apply Farnsworth threshold in initial custody determinations)