848 N.W.2d 653
Neb. Ct. App.2014Background
- Zimmerman appeals a district court custody ruling under the UCCJEA in Douglas County.
- Iowa issued a temporary custody order tied to a domestic violence protection order in May 2013.
- Nebraska paternity was established for both children in October 2013; Zimmerman is the father and resides in Douglas County.
- District court concluded it lacked jurisdiction to entertain custody, citing the Iowa order as controlling.
- The Nebraska home state of the children is asserted based on their continuous residence in Omaha since birth.
- Court remands for further proceedings to determine initial custody under the UCCJEA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| UCCJEA jurisdiction for initial custody | Zimmerman: Nebraska home state; Iowa order not binding. | Biggs: Iowa order precludes Nebraska jurisdiction. | Nebraska had home-state jurisdiction; remand for initial custody determination. |
Key Cases Cited
- Carter v. Carter, 276 Neb. 840 (2008) (UCCJEA framework and home-state jurisdiction)
- Carey v. City of Hastings, 287 Neb. 1 (2013) (appellate deference when analysis is unnecessary)