Grandparent Visitation Petition - Nebraska

PETITION FOR GRANDPARENT VISITATION

(Nebraska — Neb. Rev. Stat. §§ 43-1801 to 43-1803)

I. PARTIES

1.1 Petitioner(s) — Grandparent(s)

Co-Petitioner (spouse / other grandparent), if applicable:

1.2 Respondent(s) — Parent(s) / Custodian

1.3 The Minor Child

II. JURISDICTION AND VENUE

2.1 Subject-matter jurisdiction. This Court has jurisdiction over this Petition under Neb. Rev. Stat. § 43-1802, which authorizes a grandparent to seek visitation with a minor grandchild, and the action is commenced by petition under Neb. Rev. Stat. § 43-1803.

2.2 UCCJEA home state. Nebraska is the home state of the minor child under the Uniform Child Custody Jurisdiction and Enforcement Act, Neb. Rev. Stat. §§ 43-1226 et seq., because:

☐ The child has lived in Nebraska with a parent or person acting as a parent for at least six (6) consecutive months immediately before the filing of this Petition; or

☐ Nebraska was the child's home state within six (6) months before filing and a parent or person acting as a parent continues to live in this State; or

☐ Other basis: [____________]

2.3 Venue. Venue is proper in [COUNTY] County because the minor child resides in this county.

2.4 Other proceedings.

☐ There are no other pending or prior proceedings concerning the custody or visitation of the minor child.

☐ There are other proceedings — Court: [____________]; Case No.: [____________]; Nature: [____________].

III. STANDING — STATUTORY CONDITION (§ 43-1802(1))

3.1 Petitioner has standing to seek grandparent visitation because at least one of the following threshold conditions exists (check all that apply):

☐ § 43-1802(1)(a) — The child's parent or parents are deceased.

☐ § 43-1802(1)(b) — The marriage of the child's parents has been dissolved, OR a petition for dissolution of that marriage has been filed and is still pending, but no decree has been entered.

☐ § 43-1802(1)(c) — The parents of the minor child were never married, but paternity has been legally established.

3.2 Supporting facts for the condition(s) checked above:

[____________________________________________________________]

IV. FACTUAL ALLEGATIONS

4.1 History of the relationship. Petitioner has had a significant beneficial relationship with the minor child, as follows:

[____________________________________________________________]

4.2 Significant beneficial relationship — § 43-1802(2). A significant beneficial relationship exists, or has existed in the past, between Petitioner and the child, demonstrated by (check all that apply):

☐ Periods during which the child resided with Petitioner — describe: [____________]

☐ Petitioner served as a regular caregiver for the child — describe: [____________]

☐ Frequent and consistent contact resulting in a strong, meaningful bond — describe: [____________]

☐ Other: [____________]

4.3 Circumstances leading to this Petition. Visitation has been denied or unreasonably limited, as follows:

[____________________________________________________________]

V. CONSTITUTIONAL AND STATUTORY STANDARD

5.1 Special weight to a fit parent's decision (Troxel). Petitioner acknowledges that parents have a fundamental constitutional right to make decisions concerning the care, custody, and control of their children, and that a fit parent's decision regarding visitation is entitled to special weight. Troxel v. Granville, 530 U.S. 57 (2000).

5.2 Statutory burden — § 43-1802(2). Petitioner acknowledges that the Court is without authority to order grandparent visitation unless Petitioner proves, by clear and convincing evidence, all three of the following:

(a) that there is, or has been, a significant beneficial relationship between Petitioner and the child;

(b) that it is in the best interests of the child that the relationship continue; and

(c) that the visitation will not adversely interfere with the parent-child relationship.

Hamit v. Hamit, 271 Neb. 659, 715 N.W.2d 512 (2006); Eberspacher v. Hulme, 248 Neb. 202, 533 N.W.2d 103 (1995).

5.3 Affidavit requirement — § 43-1803. The evidence of the beneficial nature of the relationship may be presented by affidavit, and a supporting affidavit accompanies this Petition.

VI. BEST INTERESTS OF THE CHILD AND NON-INTERFERENCE

6.1 Best interests. It is in the best interests of the minor child that the significant beneficial relationship with Petitioner continue, for the following reasons:

[____________________________________________________________]

6.2 No adverse interference. The requested visitation will not adversely interfere with the parent-child relationship because:

[____________________________________________________________]

6.3 Child's preference (if of sufficient age and maturity).

☐ The child has expressed a desire to maintain a relationship with Petitioner: [____________]

☐ The child is too young to express a preference.

VII. PROPOSED VISITATION SCHEDULE

7.1 Regular visitation. Petitioner requests:

☐ Weekly: [____________] ☐ Monthly: [____________] ☐ Other: [____________]

7.2 Holidays and special occasions.

7.3 Transportation / exchange. [____________]

7.4 Communication. Telephone/video contact: [____________]

VIII. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

A. Find that Petitioner has standing under Neb. Rev. Stat. § 43-1802(1);

B. Find, by clear and convincing evidence, that there is or has been a significant beneficial relationship between Petitioner and the minor child, that it is in the child's best interests that the relationship continue, and that visitation will not adversely interfere with the parent-child relationship;

C. Enter an order awarding Petitioner reasonable rights of visitation with the minor child pursuant to the schedule in Section VII, or as the Court deems just;

D. Award costs of this action; and

E. Grant such other and further relief as the Court deems just and proper.

IX. VERIFICATION

STATE OF NEBRASKA )
COUNTY OF [____________] )

I, [PETITIONER NAME], being first duly sworn, state that I am the Petitioner in this action; that I have read the foregoing Petition; and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

_________________________________
[PETITIONER NAME], Petitioner

Subscribed and sworn to before me this ___ day of __________, 20___.

_________________________________
Notary Public
My Commission Expires: ___________

X. SIGNATURE

Respectfully submitted this ___ day of __________, 20___.

_________________________________
[PETITIONER NAME], Pro Se
OR
_________________________________
[ATTORNEY NAME], Neb. Bar No. [____________]
[FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Attorney for Petitioner

XI. NOTICE TO RESPONDENT

TO THE RESPONDENT(S): A Petition for Grandparent Visitation has been filed against you. You are required to file a written answer or other response with the Clerk of this Court within thirty (30) days after service of this Petition, and to serve a copy on Petitioner or Petitioner's attorney. If you fail to do so, judgment by default may be entered against you for the relief demanded in the Petition. You have the right to be represented by an attorney.

XII. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing Petition (and accompanying supporting affidavit and UCCJEA affidavit) was served upon each Respondent by ☐ personal service ☐ certified mail ☐ service of process server ☐ other [____________], at the address(es) listed above.

_________________________________
[PETITIONER / ATTORNEY SIGNATURE]

SOURCES & REFERENCES

• Neb. Rev. Stat. § 43-1801 — definitions ("grandparent").
• Neb. Rev. Stat. § 43-1802 — Grandparent visitation; threshold conditions (subsec. (1)); clear-and-convincing three-element burden (subsec. (2)); modification on material change of circumstances (subsec. (3)).
• Neb. Rev. Stat. § 43-1803 — commencement of action by petition; supporting affidavit; service.
• Hamit v. Hamit, 271 Neb. 659, 715 N.W.2d 512 (2006) — court is without authority to order grandparent visitation absent clear and convincing proof of the three statutory elements.
• Eberspacher v. Hulme, 248 Neb. 202, 533 N.W.2d 103 (1995); Rust v. Buckler, 247 Neb. 852, 530 N.W.2d 630 (1995); Beal v. Endsley, 3 Neb. App. 589, 529 N.W.2d 125 (1995).
• Troxel v. Granville, 530 U.S. 57 (2000) — fit parent's decision entitled to special weight.
• Neb. Rev. Stat. §§ 43-1226 et seq. — UCCJEA; § 43-1259 (affidavit).

This Petition is a preparation aid only. Nebraska grandparent visitation requires a threshold statutory condition plus clear and convincing evidence of a significant beneficial relationship, best interests, and non-interference with the parent-child relationship. Consult a licensed Nebraska family law attorney before filing.