S-25-0011 Brenda McChesney Bussard (Appellant) v. Michael Tate Bussard (Appellee)
Appeal from the District Court for Lincoln County, Judge Cindy R. Volkmer
Attorneys: James C. Bocott (Law Office of James C. Bocott, PC LLO for Appellant) and Loralea L. Frank and Nathan P. Husak (Bruner Frank Schumacher Husak Simpson, L.L.C. for Appellee)
Civil: Modification of decree of dissolution of marriage
Proceedings Below: Appellee filed a complaint to modify the decree of dissolution of marriage. The district court granted the complaint to modify, found a material change in circumstances existed, and modified the child custody and child support provisions in the decree of dissolution of marriage. On its own motion, the Nebraska Supreme Court ordered this case to be transferred from the docket of the Nebraska Court of Appeals to its docket.
Issues: Appellant assigns the following errors: 1) The district court erred when it denied Plaintiff’s motions for in camera interview of the minor child, who was 13 years old, so that the court may consider the desires and wishes of the children as required by Neb. Rev. Stat. §43-2923(6)(b); 2) The trial court abused its discretion when it allowed Catherine Roberts to provide expert opinions at trial when: 1) she was not designated as an expert witness; and, 2) Michael Bussard did not identify any expert opinions or exert testimony that Catherine Roberts would offer at trial; and concluded that the witness was allowed to testify to such opinions simply because Plaintiff had identified Catherine Roberts as a potential witness on her witness list; and 3) The trial Court abused its discretion when it found, both temporarily and permanently, that there was a material change in circumstances affecting the best interests of the minor children, warranting a change in custody.