State on behalf of Daphnie F. v. Christina C.

Summary

The Nebraska Supreme Court reversed and remanded a district court order denying Christina C.’s application to modify custody of her daughter, who was in the custody of paternal grandparents standing in loco parentis. The court held that the district court failed to apply the required parental-preference framework, including determining whether the biological parent was unfit or had forfeited parental rights and whether exceptional circumstances demonstrated serious or likely harm to the child.

Holdings

1. The parental-preference principle applies when a natural or adoptive parent seeks to modify custody from a person standing in loco parentis.
2. The district court abused its discretion because it did not determine whether Christina was fit or had forfeited her parental rights and, if she was fit and had not forfeited those rights, whether exceptional circumstances involving serious physical or psychological harm or a substantial likelihood of such harm rebutted parental preference.
3. When a trial court reaches the modification issue, whether the in loco parentis relationship has changed is relevant to determining both whether there has been a material change in circumstances and whether modification is in the child's best interests.

Questions Presented

1. Whether the district court applied the correct parental-preference framework when a natural parent sought custody modification from third parties standing in loco parentis.
2. Whether the district court abused its discretion by denying Christina's application to modify custody without determining her fitness or forfeiture of parental rights and, if she was fit and had not forfeited those rights, whether exceptional circumstances justified overcoming parental preference.
3. Whether the in loco parentis relationship is relevant to determining both material change in circumstances and the child's best interests in a custody-modification proceeding.

Disposition

reversed_and_remanded