Divorce – Grandparents Visitation – Nebraska
As used in sections 43-1801 to 43-1803, unless the context otherwise requires, grandparent shall mean the biological or adoptive parent of a minor child’s biological or adoptive parent. Such term shall not include a biological or adoptive parent of any minor child’s biological or adoptive parent whose parental rights have been terminated.
Chap. 43, §43-1801
Visitation; conditions; order; modification.
A grandparent may seek visitation with his or her minor grandchild if:
(1) The child’s parent or parents are deceased;
(2) The marriage of the child’s parents has been dissolved or petition for the dissolution of such marriage has been filed, is still pending, but no decree has been entered; or
(3) The parents of the minor child have never been married but paternity has been legally established.
In determining whether a grandparent shall be granted visitation, the court shall require evidence concerning the beneficial nature of the relationship of the grandparent to the child. The evidence may be presented by affidavit and shall demonstrate that a significant beneficial relationship exists, or has existed in the past, between the grandparent and the child and that it would be in the best interests of the child to allow such relationship to continue. Reasonable rights of visitation may be granted when the court determines by clear and convincing evidence that there is, or has been, a significant beneficial relationship between the grandparent and the child, that it is in the best interests of the child that such relationship continue, and that such visitation will not adversely interfere with the parent-child relationship.
The court may modify an order granting or denying such visitation upon a showing that there has been a material change in circumstances which justifies such modification and that the modification would serve the best interests of the child.
Chap. 43, §43-1802
Venue; petition; contents; service.
If the minor child’s parent or parents are deceased or have never been married, a grandparent seeking visitation shall file a petition in the district court in the county in which the minor child resides. If the marriage of the parents of a minor child has been dissolved or a petition for the dissolution of such marriage has been filed, is still pending, but no decree has been entered, a grandparent seeking visitation shall file a petition for such visitation in the district court in the county in which the dissolution was had or the proceedings are taking place. The county court or the district court may hear the proceeding as provided in section 25-2740. The form of the petition and all other pleadings required by this section shall be prescribed by the Supreme Court. The petition shall include the following:
(1) The name and address of the petitioner and his or her attorney;
(2) The name and address of the parent, guardian, or other party having custody of the child or children;
(3) The name and address of any parent not having custody of the child or children if applicable;
(4) The name and date of birth of each child with whom visitation is sought;
(5) The relationship of petitioner to such child or children;
(6) An allegation that the parties have attempted to reconcile their differences, but the differences are irreconcilable and such parties have no recourse but to seek redress from the court; and
(7) A statement of the relief sought.
When a petition seeking visitation is filed, a copy of the petition shall be served upon the parent or parents or other party having custody of the child and upon any parent not having custody of such child by personal service or in the manner provided in section 25-517.02.
Chap. 43, §43-1803