25-2740. Domestic relations matters; district, county, and separate juvenile courts; jurisdiction; procedure.
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/ne/chapter-25/25-2740A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)For purposes of this section:
(a)Domestic relations matters means proceedings under the Protection Orders Act, the Conciliation Court Law and sections 42-347 to 42-381 (including dissolution, separation, annulment, custody, and support), section 43-512.04 (including child support or medical support), sections 43-1401 to 43-1418 (including paternity determinations and parental support), and sections 43-1801 to 43-1803 (including grandparent visitation); and
(b)Paternity or custody determinations means proceedings to establish the paternity of a child under sections 43-1411 to 43-1418 or proceedings to determine custody of a child under section 42-364 .
(2)Except as provided in subsection
(3)of this section, in domestic relations matters, a party shall file his or her petition or complaint and all other court filings with the clerk of the district court. The party shall state in the petition or complaint whether such party requests that the proceeding be heard by a county court judge or by a district court judge. If the party requests the case be heard by a county court judge, the county court judge assigned to hear cases in the county in which the matter is filed at the time of the hearing is deemed appointed by the district court and the consent of the county court judge is not required. Such proceeding is considered a district court proceeding, even if heard by a county court judge, and an order or judgment of the county court in a domestic relations matter has the force and effect of a district court judgment. The testimony in a domestic relations matter heard before a county court judge shall be preserved as provided in section 25-2732 .
(3)In addition to the jurisdiction provided for paternity or custody determinations under subsection
(2)of this section, a county court or separate juvenile court which already has jurisdiction over the child whose paternity or custody is to be determined has jurisdiction over such paternity or custody determination.
Under subsection
(3)of this section, the jurisdiction conferred on a county court to decide custody issues refers to a county court sitting as a juvenile court. Subsection
(3)confers concurrent jurisdiction over a custody determination involving a juvenile who has been adjudicated under the juvenile code. This concurrent jurisdiction is not original, however, because the conditions of section 43-2,113 must first be satisfied. Those conditions require a district court to transfer the case to juvenile court and the juvenile court to consent to the transfer. Molczyk v. Molczyk, 285 Neb. 96, 825 N.W.2d 435 (2013).
Jurisdiction under section 24-312(3) is separate from the invocation of jurisdiction under this section. Mahmood v. Mahmud, 279 Neb. 390, 778 N.W.2d 426 (2010).
In the exercise of its jurisdiction over a custody modification proceeding, a county court sitting as a juvenile court cannot permanently modify child custody through the mere adoption of a case plan pursuant to section 43-285(2). In re Interest of Ethan M., 18 Neb. App. 63, 774 N.W.2d 766 (2009).
This section, combined with sections 24-517 and 43-247, vests juvenile courts and county courts sitting as juvenile courts with jurisdiction over a custody modification proceeding if the court already has jurisdiction over the juvenile under a separate provision of section 43-247. In re Interest of Ethan M., 18 Neb. App. 63, 774 N.W.2d 766 (2009).