Lindblad v. Lindblad
309 Neb. 776
| Neb. | 2021Background
- Parties divorced in 2016; mother (Jessica) initially awarded physical custody of child F.L.; father (Nathan) had regular parenting time.
- 2018 modification: court found Jessica’s substance use and poor decisionmaking had endangered child; awarded Nathan primary legal and physical custody and limited Jessica to supervised parenting time, supervised by maternal grandparents; court discouraged modification until Jessica completed treatment and demonstrated sobriety.
- 2019: Nathan filed to indefinitely suspend Jessica’s supervised parenting time after multiple post-2018 drug-related arrests, including one after F.L.’s soccer game where methamphetamine was found in Jessica’s purse; an ex parte order first suspended visits, then temporary order required visits at an agency (Better Living) with drug screens.
- Maternal grandparents intervened seeking statutory grandparent visitation; parties entered a temporary mediated agreement giving grandparents every-other-Sunday visits (Jessica not present during those visits).
- May 2020 consolidated trial: evidence showed multiple post-2018 arrests but no proof Jessica was under the influence or exposed F.L. to drugs during supervised visits; Better Living visits mostly proceeded without incident; child’s therapist reported the child was "doing well" and that missed visits caused worry.
- District court denied Nathan’s request to further restrict parenting time (no material change affecting child’s best interests) and granted grandparents’ visitation; Nebraska Supreme Court affirmed the denial of modification and affirmed as modified the grandparent-visitation order (visitation coextensive with Jessica’s supervised parenting time).
Issues
| Issue | Plaintiff's Argument (Nathan) | Defendant's / Intervenors' Argument (Jessica / Grandparents) | Held |
|---|---|---|---|
| Whether continued drug use and additional arrests since 2018 constitute a material change in circumstances justifying further restriction or suspension of Jessica’s supervised parenting time | Jessica’s repeated arrests (and increase since 2018), especially the soccer-game arrest where drugs were found near F.L., show an escalation that would have led to a different 2018 order and justify suspending parenting time | 2018 order already addressed substance use; supervised visits have protected F.L.; no evidence Jessica was under the influence or exposed F.L. to drugs during supervised time | Denied. No material change shown; supervised visitation remains appropriate and protective; district court did not abuse discretion |
| Whether grandparents proved entitlement to visitation by clear and convincing evidence and whether the court’s schedule was appropriate | Grandparents’ set schedule would interfere with Nathan’s family time and was unnecessary; they failed to show visitation would not adversely interfere with parent-child relationship | Grandparents have an established, beneficial relationship with F.L.; continued contact is in child’s best interests and does not undermine Nathan’s parental role; temporary schedule had worked | Granted (as modified). Court found three statutory factors proven by clear and convincing evidence and awarded grandparent visitation coextensive with Jessica’s supervised parenting time; order clarified to reflect that schedule |
Key Cases Cited
- Hamit v. Hamit, 271 Neb. 659, 715 N.W.2d 512 (Neb. 2006) (articulates Nebraska’s three-factor clear-and-convincing test for grandparent visitation)
- Weaver v. Weaver, 308 Neb. 373, 954 N.W.2d 619 (Neb. 2021) (discusses material-change threshold for modifying custody/parenting-time orders)
- Eric H. v. Ashley H., 302 Neb. 786, 925 N.W.2d 81 (Neb. 2019) (addresses modification standards and that prior findings are preclusive absent new facts)
- Jones v. Jones, 305 Neb. 615, 941 N.W.2d 501 (Neb. 2020) (example where post-decree escalation in instability warranted modification)
- VanSkiver v. VanSkiver, 303 Neb. 664, 930 N.W.2d 569 (Neb. 2019) (post-decree escalation in abusive behavior supported indefinite suspension of parenting time)
- Morris v. Corzatt, 255 Neb. 182, 583 N.W.2d 26 (Neb. 1998) (denial of grandparent visitation where persistent animosity between grandparents and parent undermined parent-child relationship)