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Jennifer T. v. Lindsay P.
906 N.W.2d 49
Neb.
2018
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Background

  • Lindsay (biological mother) conceived child Chase via artificial insemination; Jennifer (former partner) helped rear Chase and claims she stood in loco parentis since birth.
  • Jennifer filed a district-court custody action seeking sole legal and physical custody and support; Lindsay later remarried Jessica.
  • Lindsay and Jessica filed a stepparent adoption petition in county court; Lindsay sought district-court consent under Neb. Rev. Stat. § 43-104(1)(b).
  • The district court consented to the county-court adoption and stayed the district custody action "until further order." Jennifer appealed the consent and stay.
  • This Court previously reversed a county-court order that denied Jennifer intervention because the county court lacked the district court’s consent to proceed; after that opinion, the district court renewed consent and reimposed the stay.

Issues

Issue Plaintiff's Argument (Jennifer) Defendant's Argument (Lindsay) Held
Whether the district court’s consent to the county-court adoption is a final, appealable order Consent improperly deferred jurisdictional priority and prejudiced Jennifer’s in loco parentis/intervention rights Consent merely permits the county court to entertain the adoption; it is not a merits determination Consent is not a final order; it does not affect a substantial right and is not immediately appealable
Whether the district court’s stay of the custody action is a final, appealable order The stay surrenders district-court jurisdictional priority and may moot Jennifer’s custody claim, thus affecting a substantial right The stay is temporary to preserve comity and avoid duplicative litigation; it does not finally deny relief to Jennifer The stay is not a final order; temporary deferral of jurisdictional priority does not, by itself, affect a substantial right

Key Cases Cited

  • Latham v. Schwerdtfeger, 282 Neb. 121 (recognizing in loco parentis standing for former partner)
  • In re Adoption of Chase T., 295 Neb. 390 (county court lacks adoption jurisdiction without consent of other court with custody jurisdiction)
  • Klein v. Klein, 230 Neb. 385 (district-court consent to adoption is not a final appealable order)
  • In re Adoption of Madysen S. et al., 293 Neb. 646 (orders affecting consent/abandonment in adoption not final; appeal from final adoption judgment adequate)
  • Kremer v. Rural Community Ins. Co., 280 Neb. 591 (stay compelling arbitration was final where it was tantamount to dismissal of court remedy)
  • Charleen J. v. Blake O., 289 Neb. 454 (doctrine of jurisdictional priority and its administrative/comity purpose)
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Case Details

Case Name: Jennifer T. v. Lindsay P.
Court Name: Nebraska Supreme Court
Date Published: Feb 2, 2018
Citation: 906 N.W.2d 49
Docket Number: S-17-107
Court Abbreviation: Neb.