832 N.W.2d 895
Neb. Ct. App.2013Background
- Brian Steffy appeals district court denial of his motion to relocate Jakob to Texas and modify child support after alleging a material change in circumstances.
- District court increased Jakob's support and found Brian failed to prove a legitimate reason to relocate Nebraska.
- Jakob has autism; Jakob’s ABA, speech, and occupational therapies are central to his education and treatment.
- Randi Steffy (Stenson) lives outside Nebraska (military assignments) and visits Jakob periodically; relocation would affect travel for parenting time.
- Brian argues Texas offers greater employment opportunities and more ABA/related services; court reversal focuses on legitimate reasons and best interests.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legitimate reason to move | Brian—employment opportunities justify leaving Nebraska. | Stenson—no legitimate reason shown to relocate. | Abuse of discretion; Brian showed a legitimate reason to leave. |
| Best interests of the child | Removal would enhance Jakob’s quality of life and services in Texas. | Move risks disruption to Jakob’s stability and access to services. | Removal is in Jakob’s best interests. |
| Trial court discretion | Trial court misapplied Farnsworth/Wild tests and unjustly deprived Brian of relocation. | Court properly weighed the Farnsworth framework and best interests. | Trial court abused its discretion in denying removal. |
| Plain error due to briefing | Briefing deficiencies warrant plain-error review for unaddressed issues. | Issues were not properly assigned; standard review governs. | Plain error found; court may review for plain error. |
Key Cases Cited
- Farnsworth v. Farnsworth, 257 Neb. 242 (Neb. 1999) (legitimate reason to move; threshold test for removal)
- Wild v. Wild, 15 Neb. App. 717 (Neb. App. 2007) (three-factor best-interests framework in removal cases)
- Robb v. Robb, 268 Neb. 694 (Neb. 2004) (abuse of discretion requires clearly untenable rulings)
- In re Guardianship & Conservatorship of Larson, 270 Neb. 837 (Neb. 2006) (proper briefing required; plain-error considerations)
- Jamyia M. (In re Interest of Jamyia M.), 281 Neb. 964 (Neb. 2011) (assignment-of-error briefing must be explicit)