Chapter 43, INFANTS AND JUVENILES
851 sections in this chapter.
Neb. Rev. Stat. § 43-119 Definitions, where found.
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For purposes of sections 43-119 to 43-146.16, unless the context otherwise requires, the definitions found in sections 43-121 to 43-123.01 shall be used.
Neb. Rev. Stat. § 43-121 Agency, defined.
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Agency shall mean a child placement agency licensed by the Department of Health and Human Services.
Neb. Rev. Stat. § 43-122 Department, defined.
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Department shall mean the Department of Health and Human Services.
Neb. Rev. Stat. § 43-1226 Act, how cited.
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Sections 43-1226 to 43-1266 shall be known and may be cited as the Uniform Child Custody Jurisdiction and Enforcement Act.
Neb. Rev. Stat. § 43-1227 Terms, defined.
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In the Uniform Child Custody Jurisdiction and Enforcement Act: (1) Abandoned means left without provision for reasonable and necessary care or supervision. (2) Child means an individual who has not attained eighteen years of age. (3) Child custody determination means a judgment, …
Neb. Rev. Stat. § 43-1228 Proceedings governed by other law.
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The Uniform Child Custody Jurisdiction and Enforcement Act does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.
Neb. Rev. Stat. § 43-1229 Application to Indian tribes.
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(a) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. 1901 et seq., is not subject to the Uniform Child Custody Jurisdiction and Enforcement Act to the extent that it is governed by the Indian Child Welfare Act. (b) …
Neb. Rev. Stat. § 43-123 Relative, defined.
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Relative shall mean the biological parents or biological siblings of an adopted person.
Neb. Rev. Stat. § 43-123.01 Medical history, defined.
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Medical history shall mean medical history as defined by the department in its rules and regulations and shall include the race, ethnicity, nationality, Indian tribe when applicable and in compliance with the Nebraska Indian Child Welfare Act, or other cultural history of both bi…
Neb. Rev. Stat. § 43-1230 International application of act.
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(a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying sections 43-1226 to 43-1247. (b) Except as otherwise provided in subsection (c) or (d) of this section, a child custody determination made in a foreign c…
Neb. Rev. Stat. § 43-1231 Effect of child custody determination.
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A child custody determination made by a court of this state that had jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act binds all persons who have been served in accordance with the laws of this state or notified in accordance with section 43-1233 or wh…
Neb. Rev. Stat. § 43-1232 Priority.
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If a question of existence or exercise of jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act is raised in a child custody proceeding, the question, upon request of a party, shall be given priority on the calendar and handled expeditiously.
Neb. Rev. Stat. § 43-1233 Notice to persons outside state.
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(a) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calcul…
Neb. Rev. Stat. § 43-1234 Appearance and limited immunity.
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(a) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by re…
Neb. Rev. Stat. § 43-1235 Communication between courts.
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(a) A court of this state may communicate with a court in another state concerning a proceeding arising under the Uniform Child Custody Jurisdiction and Enforcement Act. (b) The court may allow the parties to participate in the communication. If the parties are not able to partic…
Neb. Rev. Stat. § 43-1236 Taking testimony in another state.
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(a) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony …
Neb. Rev. Stat. § 43-1237 Cooperation between courts; preservation of records.
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(a) A court of this state may request the appropriate court of another state to: (1) hold an evidentiary hearing; (2) order a person to produce or give evidence pursuant to procedures of that state; (3) order that an evaluation be made with respect to the custody of a child invol…
Neb. Rev. Stat. § 43-1238 Initial child custody jurisdiction.
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(a) Except as otherwise provided in section 43-1241, a court of this state has jurisdiction to make an initial child custody determination only if: (1) this state is the home state of the child on the date of the commencement of the proceeding or was the home state of the child w…
Neb. Rev. Stat. § 43-1239 Exclusive, continuing jurisdiction.
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(a) Except as otherwise provided in section 43-1241, a court of this state which has made a child custody determination consistent with section 43-1238 or 43-1240 has exclusive, continuing jurisdiction over the determination until: (1) a court of this state determines that neithe…
Neb. Rev. Stat. § 43-124 Department; provide relative consent form.
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The department shall provide a form which may be signed by a relative indicating the fact that such relative consents to his or her name being released to such relative's adopted person as provided by sections 43-113, 43-119 to 43-146.16, 71-626, 71-626.01, and 71-627.02. Such co…
Neb. Rev. Stat. § 43-1240 Jurisdiction to modify determination.
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Except as otherwise provided in section 43-1241, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under subdivision (a)(1) or (a)(2) of section 43-123…
Neb. Rev. Stat. § 43-1241 Temporary emergency jurisdiction.
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(a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with…
Neb. Rev. Stat. § 43-1242 Notice; opportunity to be heard; joinder.
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(a) Before a child custody determination is made under the Uniform Child Custody Jurisdiction and Enforcement Act, notice and an opportunity to be heard in accordance with the standards of section 43-1233 shall be given to all persons entitled to notice under the law of this stat…
Neb. Rev. Stat. § 43-1243 Simultaneous proceedings.
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(a) Except as otherwise provided in section 43-1241, a court of this state may not exercise its jurisdiction under sections 43-1238 to 43-1247 if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of …
Neb. Rev. Stat. § 43-1244 Inconvenient forum.
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(a) A court of this state which has jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances a…
Neb. Rev. Stat. § 43-1245 Jurisdiction declined by reason of conduct.
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(a) Except as otherwise provided in section 43-1241 or by other law of this state, if a court of this state has jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, …
Neb. Rev. Stat. § 43-1246 Information to be submitted to court.
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(a) Subject to local law providing for the confidentiality of procedures, addresses, and other identifying information, in a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as…
Neb. Rev. Stat. § 43-1247 Appearance of parties and child.
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(a) In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the c…
Neb. Rev. Stat. § 43-1248 Enforcement provisions; terms, defined.
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In sections 43-1248 to 43-1264: (1) Petitioner means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. (2) Respondent means a person ag…
Neb. Rev. Stat. § 43-1249 Enforcement under Hague Convention.
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Under sections 43-1248 to 43-1264 a court of this state may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination.
Neb. Rev. Stat. § 43-125 Relative consent form.
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The form provided by section 43-124 shall contain the following information: (1) The name of the person completing the form and, if different, the name of such person at the time of birth of the adopted person; (2) The relationship of the person to the adopted person; (3) The dat…
Neb. Rev. Stat. § 43-1250 Duty to enforce.
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(a) A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with the Uniform Child Custody Jurisdiction and Enforcement Act or the determination was made under…
Neb. Rev. Stat. § 43-1251 Temporary visitation.
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(a) A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing: (1) a visitation schedule made by a court of another state; or (2) the visitation provisions of a child custody determination of another state…
Neb. Rev. Stat. § 43-1252 Registration of child custody determination.
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(a) A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to the district court in this state: (1) a letter or other document requesting registration; (2) two copies, in…
Neb. Rev. Stat. § 43-1253 Enforcement of registered determination.
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(a) A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state. (b) A court of this state shall recognize and enforce, but may not modify, except in accordance with…
Neb. Rev. Stat. § 43-1254 Simultaneous proceedings.
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If a proceeding for enforcement under sections 43-1248 to 43-1264 is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under sections 43-…
Neb. Rev. Stat. § 43-1255 Expedited enforcement of child custody determination.
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(a) A petition under sections 43-1248 to 43-1264 shall be verified. Certified copies of all orders sought to be enforced and of any order confirming registration shall be attached to the petition. A copy of a certified copy of an order may be attached instead of the original. (b)…
Neb. Rev. Stat. § 43-1256 Service of petition and order.
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Except as otherwise provided in section 43-1258, the petition and order shall be served, by any method authorized by the law of this state, upon the respondent and any person who has physical custody of the child.
Neb. Rev. Stat. § 43-1257 Hearing and order.
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(a) Unless the court issues a temporary emergency order pursuant to section 43-1241, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the resp…
Neb. Rev. Stat. § 43-1258 Warrant to take physical custody of child.
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(a) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be remo…
Neb. Rev. Stat. § 43-1259 Costs, fees, and expenses.
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(a) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care, durin…
Neb. Rev. Stat. § 43-126 Relative; revocation of consent; form.
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At any time after signing the consent form, a relative may revoke such consent form. A form for revocation of consent shall be provided by the department. The revocation shall be effective as of the time of filing the form with the department. The revocation form shall contain th…
Neb. Rev. Stat. § 43-1260 Recognition and enforcement.
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A court of this state shall accord full faith and credit to an order issued by another state and consistent with the Uniform Child Custody Jurisdiction and Enforcement Act which enforces a child custody determination by a court of another state unless the order has been vacated, …
Neb. Rev. Stat. § 43-1261 Appeals.
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An appeal may be taken from a final order in a proceeding under sections 43-1248 to 43-1264 in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under section 43-1241, the enforcing court may not stay an order…
Neb. Rev. Stat. § 43-1262 Role of county attorney or Attorney General.
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(a) In a case arising under the Uniform Child Custody Jurisdiction and Enforcement Act or involving the Hague Convention on the Civil Aspects of International Child Abduction, a county attorney or the Attorney General may take any lawful action, including resort to a proceeding u…
Neb. Rev. Stat. § 43-1263 Role of law enforcement.
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At the request of a county attorney or the Attorney General acting under section 43-1262, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a county attorney or the Attorney General with responsibilities under such s…
Neb. Rev. Stat. § 43-1264 Costs and expenses.
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If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by a county attorney or the Attorney General and law enforcement officers under section 43-1262 or 43-1263.
Neb. Rev. Stat. § 43-1265 Application and construction.
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In applying and construing the Uniform Child Custody Jurisdiction and Enforcement Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Neb. Rev. Stat. § 43-1266 Motion or other request under prior law; how treated.
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A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination which was commenced before January 1, 2004, is governed by the law in effect at the time the motion or other request was made.
Neb. Rev. Stat. § 43-127 Relative; consent and revocation forms; notarized; filing.
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The forms provided by sections 43-124 and 43-126 shall be notarized and filed with the department which shall keep such forms with all other records of an individual adopted person.