Dunham v. Dunham

A-25-176 & A-25-337, Alicia Dunham n/k/a Alicia Murphy (appellant) v. Daniel Dunham

A-25-177 & A-25-338, In re Interest of Cooper D.

Sarpy County, Juvenile Court, Judge Johnathan D. Crosby

Attorneys for Appellant: Wendy A. Wussow and Angela F. Schmit (Koukol, Johnson, Schmit & Milone, LLC)

Attorneys for Appellee: Kristina B. Murphree and John Andrew McWilliams (Gross, Welch, Marks & Clare, P.C., L.L.O.)

Action: Denial of Termination of Parental Rights

Action Taken by Trial Court: Alicia and Daniel were divorced in Iowa in 2022; Alicia was given custody of the parties’ two children and Daniel was awarded “visitation” pursuant to a phased-in parenting schedule. Daniel was subsequently incarcerated.

In 2024, Alicia filed a complaint in the Sarpy County District Court in Nebraska to register and enforce the Iowa child custody determination and child support order; the district court entered an order confirming the registration. Alicia then filed a petition in the district court for termination of Daniel’s parental rights to the parties’ children pursuant to various subsections of Neb. Rev. Stat. § 43-292 (Reissue 2016). She also requested that her petition be transferred to the juvenile court pursuant to Neb. Rev. Stat. § 42-364(5) (Cum. Supp. 2024). Daniel filed a “counter complaint” seeking joint legal and physical custody of the parties’ children, and a modification of the parenting plan; he also filed a motion for temporary orders and motion to compel parenting time. The district court transferred the case to the juvenile court pursuant to § 42-364(5).

After a hearing, the juvenile court found Alicia failed to show termination of parental rights was in the minor children’s best interests, dismissed her petition, and transferred the case back to district court. Daniel filed a motion to alter or amend the judgment, but he later withdrew that motion.

Alicia filed notices of appeal in both the juvenile and district court. This court consolidated the appeals for briefing and disposition and also directed the parties to address specific issues regarding jurisdiction.

Assignments of Error on Appeal: Alicia assigns, consolidated and restated, that the juvenile court erred in failing to consider and find a statutory basis for terminating Daniel’s parental rights and that terminating Daniel’s parental rights was in the best interests of the children. Alicia also assigns error to the juvenile court dismissing her petition and immediately transferring the case back to the district court without any notice, hearing, or input from the parties following an order concluding a discrete phase of a special proceeding