Hassenstab v. Hassenstab
Nebraska Court of Appeals
570 N.W.2d 368 (Neb. Ct. App. 1997)
Relevant factsFree
After Thomas and Carol Hassenstab (plaintiff/defendant) divorced, Carol was awarded custody of their daughter Jacqueline. Thomas later sought to modify custody, presenting evidence that Carol had entered a same-sex relationship and had attempted suicide seven years earlier, before the original divorce decree. The evidence showed Jacqueline was thriving and happy, and Jacqueline herself told the court she wanted to remain with Carol. The trial court denied Thomas's modification petition.
IssueFree
Whether a court may modify child custody absent a material change in circumstances demonstrating the custodial parent's unfitness or that the child's best interests require modification.