Title: Nebraska: Appeals Court held that the grandparent did have visitation rights.
The Nebraska Court of Appeals held in BEAL v. ENDSLEY 3 Neb.App. 589 (Court of Appeals of Nebraska 1995) (1) divorced mother of the children was properly made party, and (2) court order granting visitation rights required clarification.
The district granted the grandparents limited visitation rights of their maternal grandchildren, the grandparents appealed.
The maternal grandparents of children whose parents had divorced petitioned the court for visitation rights to the children. The maternal grandparents challenge the amount of time granted.
Bart and Jacquelyn are the divorced parents of Nicholle and Tyler. At the time of the hearing on the Beals' petition, Jacquelyn resided in the Denver, Colorado, area and Bart resided in Alliance, Nebraska. Nicholle and Tyler are in Bart's custody. The Beals filed their petition in Box Butte County, naming Bart as the sole defendant. The petition alleges that “since the divorce of the grandchildren's parents,” the Beals had attempted to maintain a relationship with the grandchildren, but that these attempts had been unsuccessful, the differences between the parties becoming irreconcilable. The Beals allege that they had established a significant beneficial relationship with their grandchildren and allege that due to Bart's actions, the grandchildren had been limited in their ability to see their grandparents and spend time with them.
Bart answered the Beals' petition, alleging an oral agreement between him and the Beals providing that they have visitation with the minor children “the last weekend of each month that had five weekends in the month” and alleging that Jacquelyn “has the children for visitation during the months of June, July and August which allows adequate time for visitation with Plaintiffs.
The court found that a reasonable balance was stricken between the goal of allowing the mother her weekends and allowing the grandparents' visitation during her custody and the father's custody periods as well. The court also found the fifth weekend provision was sufficient as it interpreted that provision in a manner under which more such weekends existed than under the grandparents' interpretation.
Labels for the post: child visitation, grandparents’ visitation
informative, good heading. body appears to be too cut and paste (see e.g., first para.) and could be written better and maybe some perosnal reflection added at the end in some conclusory thoughts by the author. Very interesting, current and relevant topic to family law practitioners as this issue continues to evolve with our every-evolving family dynamics in the 21st century.
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