In re Change of Name of Whilde

Summary

The Nebraska Supreme Court affirmed the denial of a motion to vacate an order changing a minor child’s name. The court held that the appellant, who was a non-parent possessory conservator whose custody and visitation rights had been terminated, was not a “noncustodial parent” entitled to certified-mail notice under Neb. Rev. Stat. § 25-21,271(2). The court also held that the motion to vacate did not toll the time to appeal the original name-change order.

Holdings

1. Absent an applicable rule to the contrary, a motion asking a court to exercise its inherent power to vacate or modify its own judgment does not toll the time for appealing that judgment.
2. A person who is neither a biological nor adoptive parent and who has no legal rights to custody, visitation, or otherwise concerning the child is not a "noncustodial parent" entitled to certified-mail notice under Neb. Rev. Stat. § 25-21,271(2).
3. The district court did not abuse its discretion in overruling Margaret Whilde's motion to vacate the name-change order.

Questions Presented

1. Whether Margaret Whilde timely appealed the January 24, 2017, name-change order.
2. Whether a motion invoking the court's inherent power to vacate or modify a judgment tolled the time for appealing the underlying judgment.
3. Whether Margaret Whilde was a "noncustodial parent" entitled to certified-mail notice under Neb. Rev. Stat. § 25-21,271(2).
4. Whether the district court abused its discretion by overruling Margaret's motion to vacate the name-change order.

Disposition

affirmed