(1) Any person who abandons and neglects or refuses to maintain or provide for his or her spouse or his or her child or dependent stepchild, whether such child is born in or out of wedlock, commits abandonment of spouse, child, or dependent stepchild.
(2) For the purposes of this section, child shall mean an individual under the age of sixteen years.
(3) When any person abandons and neglects to provide for his or her spouse or his or her child or dependent stepchild for three consecutive months or more, it shall be prima facie evidence of intent to violate the provisions of subsection (1) of this section.
(4) A designation of assets for or use of income by an individual in accordance with section 68-922 shall be considered just cause for failure to use such assets or income to provide medical support of such individual's spouse.
(5) Abandonment of spouse, child, or dependent stepchild is a Class I misdemeanor.
Notes of Decisions
State on Behalf of JR v. Mendoza, 481 N.W.2d 165 (Neb. 1992).
· cites it 3× “See Neb. Rev. Stat. § 28-705 (1) (Reissue 1989) (making it a crime to abandon or neglect a dependent stepchild, even if the child was born out of wedlock).”
In re Guardianship of Jaime G. (Neb. Ct. App. 2017).
· cites it 4× “-4- ASSIGNMENTS OF ERROR The GAL assigns that: (1) the county court erred by finding Jaime’s parents could have used a temporary power of attorney instead of claiming abandonment; (2) the county court erred by failing to find Jaime had been abandoned pursuant to § 28-705 and/or…”
Spethman v. Spethman (Neb. Ct. App. 2017).
· cites it 2× “relevant part: (1) When the court is required to develop a parenting plan: (a) If a preponderance of the evidence demonstrates, the court shall determine whether a parent who would otherwise be allocated custody, parenting time, visitation, or other access to the child under a…”
McClure v. McClure (Neb. Ct. App. 2018).
· cites it 2× “relevant part: (1) When the court is required to develop a parenting plan: (a) If a preponderance of the evidence demonstrates, the court shall determine whether a parent who would otherwise be allocated custody, parenting time, visitation, or other access to the child under a…”
Stamp v. Stamp (Neb. Ct. App. 2019).
· cites it 2× “relevant part: (1) When the court is required to develop a parenting plan: (a) If a preponderance of the evidence demonstrates, the court shall determine whether a parent who would otherwise be allocated custody, parenting time, visitation, or other access to the child under a…”
McDonnell v. McDonnell (Neb. Ct. App. 2025).
· cites it 2× “relevant part: (1) When the court is required to develop a parenting plan: (a) If a preponderance of the evidence demonstrates, the court shall determine whether a parent who would otherwise be allocated custody, parenting time, visitation, or other access to the child under a…”
— Neb. Rev. Stat. § 28-705(1) — 2 cases
State on Behalf of JR v. Mendoza, 481 N.W.2d 165 (Neb. 1992).
“See Neb. Rev. Stat. § 28-705 (1) (Reissue 1989) (making it a crime to abandon or neglect a dependent stepchild, even if the child was born out of wedlock).”
In re Guardianship of Jaime G. (Neb. Ct. App. 2017).
“-4- ASSIGNMENTS OF ERROR The GAL assigns that: (1) the county court erred by finding Jaime’s parents could have used a temporary power of attorney instead of claiming abandonment; (2) the county court erred by failing to find Jaime had been abandoned pursuant to § 28-705 and/or…”
— Neb. Rev. Stat. § 28-705(2) — 1 case
In re Guardianship of Jaime G. (Neb. Ct. App. 2017).
“-4- ASSIGNMENTS OF ERROR The GAL assigns that: (1) the county court erred by finding Jaime’s parents could have used a temporary power of attorney instead of claiming abandonment; (2) the county court erred by failing to find Jaime had been abandoned pursuant to § 28-705 and/or…”
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