Nebraska Revised Statutes

Neb. Rev. Stat. § 42-351 (2026)

County or district court; jurisdiction

✓ current as of July 2026

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(1) In proceedings under sections 42-347 to 42-381, the court shall have jurisdiction to inquire into such matters, make such investigations, and render such judgments and make such orders, both temporary and final, as are appropriate concerning the status of the marriage, the custody and support of minor children, the support of either party, the settlement of the property rights of the parties, and the award of costs and attorney's fees. The court shall determine jurisdiction for child custody proceedings under the Uniform Child Custody Jurisdiction and Enforcement Act.

(2) When final orders relating to proceedings governed by sections 42-347 to 42-381 are on appeal and such appeal is pending, the court that issued such orders shall retain jurisdiction to provide for such orders regarding support, custody, parenting time, visitation, or other access, orders shown to be necessary to allow the use of property or to prevent the irreparable harm to or loss of property during the pendency of such appeal, or other appropriate orders in aid of the appeal process. Such orders shall not be construed to prejudice any party on appeal.

Notes of Decisions

Cited in 89 cases (12 in the last 5 years), 1973–2025 · leading case: Burns v. Burns, 879 N.W.2d 375 (Neb. 2016).

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Burns v. Burns, 879 N.W.2d 375 (Neb. 2016). · cites it 14× “A trial court retains jurisdiction under Neb. Rev. Stat. § 42-351 (2) (Reissue 2008) for certain matters.”

Brozek v. Brozek, 874 N.W.2d 17 (Neb. 2016). · cites it 6× “An order helping a party pay for his or her attorney’s work on appeal is an order in aid of the appeal process under Neb. Rev. Stat. § 42-351 (2) (Reissue 2008).”

Furstenfeld v. Pepin, 875 N.W.2d 468 (Neb. Ct. App. 2016). · cites it 15× “Generally, once an appeal has been perfected, the trial court no longer has jurisdiction, although the district court retains jurisdiction under Neb. Rev. Stat. § 42-351 (2) (Reissue 2008) for certain matters.”

Becher v. Becher, 302 Neb. 720 (Neb. 2019). · cites it 12× “At the hearing, Mark's counsel indicated that the motion was made pursuant to Neb. Rev. Stat. § 42-351 (Reissue 2016) to enable the court to consider the issue of custody and parenting time before the mandate of the initial appeal issued.”

Yori v. Helms, 307 Neb. 375 (Neb. 2020). · cites it 9× “A trial court’s jurisdiction under Neb. Rev. Stat. § 42-351 (2) (Reissue 2016) during the pendency of an appeal is properly character- ized as jurisdiction in aid of the appeal process.”

DeLima v. Tsevi, 301 Neb. 933 (Neb. 2018). · cites it 3× “Section 43-1238 of the UCCJEA sets forth the circumstances under which a court of this state has jurisdiction to make an initial child custody determination, providing as follows: (a) Except as otherwise provided in section 43-1241 [regarding temporary emergency jurisdiction], a…”

Olson v. Palagi, 665 N.W.2d 582 (Neb. 2003). · cites it 4× “Neb. Rev. Stat. § 42-351 (Reissue 1998) is the basis of the court’s authority to award attorney fees and costs in this child support modification proceeding.”

Kricsfeld v. Kricsfeld, 588 N.W.2d 210 (Neb. Ct. App. 1999). · cites it 6× “Cheryl argues that Neb. Rev. Stat. § 42-351 (Supp. 1997) limits a trial court’s jurisdiction after an appeal has been taken and that the trial court in this case ignored these limitations.”

Hickenbottom v. Hickenbottom, 477 N.W.2d 8 (Neb. 1991). · cites it 6× “In concluding that such jurisdiction existed, this court looked to § 42-364, as well as to the language of Neb.Rev.Stat. § 42-351 (Reissue 1988), which provides for the jurisdiction of the district court in divorce cases: (1) In proceedings under sections 42-347 to 42-379, the…”

Phelps v. Phelps, 477 N.W.2d 552 (Neb. 1991). · cites it 7× “In June 1989, pursuant to Neb. Rev. Stat. § 42-351 (2) (Reissue 1988), the district court entered orders that a portion of the appellant’s monthly child support payments be placed in escrow.”

State Ex Rel. Reitz v. Ringer, 510 N.W.2d 294 (Neb. 1994). · cites it 4× “Attorney fees were authorized by Neb.Rev.Stat. § 42-351 (Supp.1991) for proceedings to modify custody which arise out of dissolution of marriage cases.”

Bayliss v. Bayliss, 592 N.W.2d 165 (Neb. Ct. App. 1999). · cites it 16× “The issue presented is whether a district court retains jurisdiction under Neb. Rev. Stat. § 42-351 (2) (Reissue 1998) to hold a hearing on a motion to modify the decree and to enter an order modifying the decree regarding child support obligations while a prior order modifying…”

Show all 89 citing cases →

— Neb. Rev. Stat. § 42-351(1) — 9 cases

Christine W. v. Trevor W., 303 Neb. 245 (Neb. 2019).

Olson v. Palagi, 665 N.W.2d 582 (Neb. 2003). “Neb. Rev. Stat. § 42-351 (Reissue 1998) is the basis of the court’s authority to award attorney fees and costs in this child support modification proceeding.”

Carter v. Carter, 758 N.W.2d 1 (Neb. 2008).

Robbins v. Robbins, 361 N.W.2d 519 (Neb. 1985).

In Re Guardianship of Zyla, 555 N.W.2d 768 (Neb. 1996).

— Neb. Rev. Stat. § 42-351(2) — 19 cases

Burns v. Burns, 879 N.W.2d 375 (Neb. 2016). “A trial court retains jurisdiction under Neb. Rev. Stat. § 42-351 (2) (Reissue 2008) for certain matters.”

Becher v. Becher, 302 Neb. 720 (Neb. 2019). “At the hearing, Mark's counsel indicated that the motion was made pursuant to Neb. Rev. Stat. § 42-351 (Reissue 2016) to enable the court to consider the issue of custody and parenting time before the mandate of the initial appeal issued.”

Furstenfeld v. Pepin, 875 N.W.2d 468 (Neb. Ct. App. 2016). “Generally, once an appeal has been perfected, the trial court no longer has jurisdiction, although the district court retains jurisdiction under Neb. Rev. Stat. § 42-351 (2) (Reissue 2008) for certain matters.”

Brozek v. Brozek, 874 N.W.2d 17 (Neb. 2016). “An order helping a party pay for his or her attorney’s work on appeal is an order in aid of the appeal process under Neb. Rev. Stat. § 42-351 (2) (Reissue 2008).”

Yori v. Helms, 307 Neb. 375 (Neb. 2020). “A trial court’s jurisdiction under Neb. Rev. Stat. § 42-351 (2) (Reissue 2016) during the pendency of an appeal is properly character- ized as jurisdiction in aid of the appeal process.”

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