Mann v. Lambertsen
A-24-555
Neb. Ct. App.Mar 11, 2025Background
- Brandi K. Mann and Christopher J. Lambertsen are unmarried parents of Scarlet, born in 2022; paternity is acknowledged.
- After separating, Mann filed to establish paternity, custody, and support; Lambertsen counterclaimed seeking joint or sole custody and the right to claim Scarlet for tax purposes.
- The district court awarded Mann sole legal and physical custody with Lambertsen receiving parenting time and ordered child support; the court also alternated the dependency tax exemption.
- Lambertsen appealed, arguing for joint legal and sole physical custody, and an adjustment in the tax exemption schedule.
- The appellate court reviewed the district court's decision for abuse of discretion and affirmed most of the lower court's order, modifying only the tax exemption allocation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sole Legal Custody | District court abused discretion; joint legal custody was appropriate; Mann's decisions were flawed | Mann was primary decisionmaker; parties struggled with communication | Awarding Mann sole legal custody was not abuse of discretion |
| Sole Physical Custody | Evidence and Parenting Act did not support sole custody to Mann; sole custody for Lambertsen preferred | Distance and Lambertsen’s dependency on his mother favored Mann | District court properly awarded Mann sole physical custody; no abuse |
| Tax Dependency Exemption | Mann should not have 2024 exemption after claiming previous years | Alternating years is fair; custodial parent is presumptive recipient | Modified so Lambertsen claims in 2024 and all even years thereafter |
| Removal to Another State | Removal factors improperly considered | Not addressed directly, but Nebraska is Scarlet’s home state | District court did not rely on removal requirements; only considered child’s best interests |
Key Cases Cited
- Franklin M. v. Lauren C., 310 Neb. 927 (de novo review standard for custody in paternity cases)
- Blank v. Blank, 303 Neb. 602 (child’s best interests are paramount in custody determinations)
- Janda v. Janda, 32 Neb. App. 953 (factors relevant to best interests in custody)
- Kelly v. Kelly, 29 Neb. App. 198 (standard for reviewing dependency exemption awards)
- Anderson v. Anderson, 290 Neb. 530 (trial court discretion over allocation of child dependency exemption)