Hogan v. Hogan

Summary

The Nebraska Supreme Court affirmed dismissal of Brooke Hogan’s complaint seeking to modify a divorce decree and parenting plan. The court held that Nebraska relinquished exclusive, continuing jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act because the parties and children no longer resided in Nebraska. It also held that a party’s voluntary appearance or agreement to apply Nebraska law could not confer subject matter jurisdiction.

Holdings

1. Nebraska relinquished exclusive, continuing jurisdiction over the child custody determination because the child, both parents, and any person acting as a parent no longer presently resided in Nebraska when the modification action was filed.
2. The parties' continuing connections to Nebraska did not prevent the loss of Nebraska's exclusive jurisdiction under § 43-1239(a)(2), because jurisdiction may be relinquished under either subsection (a)(1) or subsection (a)(2).
3. A party's voluntary appearance is equivalent to service of process for personal jurisdiction, but parties cannot confer subject matter jurisdiction by voluntary appearance, consent, acquiescence, waiver, estoppel, or conduct.

Questions Presented

1. Whether Nebraska retained exclusive, continuing jurisdiction under the UCCJEA to modify its prior child custody determination after both parents and the children moved to Arizona.
2. Whether the parents' continuing connections to Nebraska supported continuing jurisdiction under Neb. Rev. Stat. § 43-1239(a)(1).
3. Whether Nicholas's voluntary appearance, consent to Nebraska proceedings, or agreement that Nebraska law would apply conferred subject matter jurisdiction on the Nebraska court.

Disposition

affirmed