(a) Except as otherwise provided in section 43-1241, a court of this state has jurisdiction to make an initial child custody determination only if:
(1) this state is the home state of the child on the date of the commencement of the proceeding or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;
(2) a court of another state does not have jurisdiction under subdivision (a)(1) of this section, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under section 43-1244 or 43-1245, and:
(A) the child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and
(B) substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships;
(3) all courts having jurisdiction under subdivision (a)(1) or (a)(2) of this section have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under section 43-1244 or 43-1245; or
(4) no court of any other state would have jurisdiction under the criteria specified in subdivision (a)(1), (a)(2), or (a)(3) of this section.
(b) Subsection (a) of this section is the exclusive jurisdictional basis for making a child custody determination by a court of this state. In addition to having jurisdiction to make judicial determinations about the custody and care of the child, a court of this state with exclusive jurisdiction under subsection (a) of this section has jurisdiction and authority to make factual findings regarding (1) the abuse, abandonment, or neglect of the child, (2) the nonviability of reunification with at least one of the child’s parents due to such abuse, abandonment, neglect, or a similar basis under state law, and (3) whether it would be in the best interests of such child to be removed from the United States to a foreign country, including the child’s country of origin or last habitual residence. If there is sufficient evidence to support such factual findings, the court shall issue an order containing such findings when requested by one of the parties or upon the court’s own motion.
(c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination.
Notes of Decisions
Cited in
39
cases (
9 in the last 5 years), 2006–2025 · leading case:
DeLima v. Tsevi, 301 Neb. 933 (Neb. 2018).
DeLima v. Tsevi, 301 Neb. 933 (Neb. 2018).
· cites it 28× “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…”
Gonzalez v. State (In Re Carlos D.), 300 Neb. 646 (Neb. 2018).
· cites it 26× “During the pendency of this appeal, the Nebraska Legislature amended Neb. Rev. Stat. § 43-1238 (b) (Reissue 2016) in 2018 Neb.”
Alberto v. State (In Re Luis J.), 300 Neb. 659 (Neb. 2018).
· cites it 22× “During the pendency of this appeal, the Nebraska Legislature amended Neb. Rev. Stat. § 43-1238 (b) (Reissue 2016) in 2018 Neb.”
Stalder v. Anne T. (In Re S.T.), 300 Neb. 72 (Neb. 2018).
· cites it 9× “Jurisdiction to make an initial child custody determination is governed by § 43-1238 of the UCCJEA, which provides in part: (a) Except as otherwise provided in section 43-1241 [regarding temporary emergency jurisdiction], a court of this state has jurisdiction to make an initial…”
Hernandez v. Dorantes, 994 N.W.2d 46 (Neb. 2023).
· cites it 17× “On a motion for special findings pursu- ant to Neb. Rev. Stat. § 43-1238 (b) (Cum. Supp.”
Wolter v. Fortuna, 27 Neb. Ct. App. 166 (Neb. Ct. App. 2019).
· cites it 13× “§ 43-1238 (Reissue 2016) of the UCCJEA, which provides in part: (a) Except as otherwise provided in section 43-1241 [regarding temporary emergency jurisdiction], a court of this state has jurisdiction to make an initial child custody determination only if: (1) this state is the…”
In re Guardianship of Carlos D., 300 Neb. 646 (Neb. 2018).
· cites it 31× “The 2017 amend- ment to Neb. Rev. Stat. § 43-1238 (b) (Reissue 2016) clarifies that courts with jurisdiction over an “initial child custody determination” as that term is used in § 43-1238(a) also have jurisdiction and authority to make special findings of fact similar to those…”
Bryant v. Bryant, 28 Neb. Ct. App. 362 (Neb. Ct. App. 2020).
· cites it 8× “Generally speaking, Neb. Rev. Stat. § 43-1238 (a)(1) (Reissue 2016) grants jurisdiction to the home state of the child and § 43-1238(a)(2) through (4) sets out the exceptions under which a court will have jurisdiction, even if it is not in the child’s home state.”
In re Guardianship of Luis J., 300 Neb. 659 (Neb. 2018).
· cites it 29× “A county court with a jurisdictional basis under Neb. Rev. Stat. § 43-1238 (a) (Reissue 2016) and which has made an initial child custody determination, such as appointing a guardian, has the authority to make immigration-related factual findings where the evidence is sufficient…”
Watson v. Watson, 724 N.W.2d 24 (Neb. 2006).
· cites it 3× “Section 43-1239(a) provides: Except as otherwise provided in section 43-1241 [providing temporary emergency jurisdiction in cases of abandonment or abuse], a court of this state which has made a child custody determination consistent with section 43-1238 or 43-1240 has…”
Mann v. Mann, 316 Neb. 910 (Neb. 2024).
· cites it 3× “” 76 Then, after reviewing the relevant provisions of the UCCJEA, we concluded that such jurisdiction over that specific child custody proceeding was lacking because under § 43-1238 of the UCCJEA, a court in the foreign country in which the child lived would have had…”
Kee v. Gilbert, 992 N.W.2d 486 (Neb. Ct. App. 2023).
· cites it 5× “(a) UCCJEA Section 43-1238 of Nebraska’s UCCJEA states in rele- vant part: (a) Except as otherwise provided in section 43-1241 [temporary emergency jurisdiction], a court of this state has jurisdiction to make an initial child custody determi- nation only if: (1) this state is…”
— Neb. Rev. Stat. § 43-1238(a) — 13 cases
Gonzalez v. State (In Re Carlos D.), 300 Neb. 646 (Neb. 2018).
“During the pendency of this appeal, the Nebraska Legislature amended Neb. Rev. Stat. § 43-1238 (b) (Reissue 2016) in 2018 Neb.”
Alberto v. State (In Re Luis J.), 300 Neb. 659 (Neb. 2018).
“During the pendency of this appeal, the Nebraska Legislature amended Neb. Rev. Stat. § 43-1238 (b) (Reissue 2016) in 2018 Neb.”
DeLima v. Tsevi, 301 Neb. 933 (Neb. 2018).
“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…”
Hernandez v. Dorantes, 994 N.W.2d 46 (Neb. 2023).
“On a motion for special findings pursu- ant to Neb. Rev. Stat. § 43-1238 (b) (Cum. Supp.”
In re Guardianship of Carlos D., 300 Neb. 646 (Neb. 2018).
“The 2017 amend- ment to Neb. Rev. Stat. § 43-1238 (b) (Reissue 2016) clarifies that courts with jurisdiction over an “initial child custody determination” as that term is used in § 43-1238(a) also have jurisdiction and authority to make special findings of fact similar to those…”
— Neb. Rev. Stat. § 43-1238(a)(1) — 7 cases
DeLima v. Tsevi, 301 Neb. 933 (Neb. 2018).
“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…”
Stalder v. Anne T. (In Re S.T.), 300 Neb. 72 (Neb. 2018).
“Jurisdiction to make an initial child custody determination is governed by § 43-1238 of the UCCJEA, which provides in part: (a) Except as otherwise provided in section 43-1241 [regarding temporary emergency jurisdiction], a court of this state has jurisdiction to make an initial…”
Wolter v. Fortuna, 27 Neb. Ct. App. 166 (Neb. Ct. App. 2019).
“§ 43-1238 (Reissue 2016) of the UCCJEA, which provides in part: (a) Except as otherwise provided in section 43-1241 [regarding temporary emergency jurisdiction], a court of this state has jurisdiction to make an initial child custody determination only if: (1) this state is the…”
— Neb. Rev. Stat. § 43-1238(a)(2) — 9 cases
DeLima v. Tsevi, 301 Neb. 933 (Neb. 2018).
“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…”
Stalder v. Anne T. (In Re S.T.), 300 Neb. 72 (Neb. 2018).
“Jurisdiction to make an initial child custody determination is governed by § 43-1238 of the UCCJEA, which provides in part: (a) Except as otherwise provided in section 43-1241 [regarding temporary emergency jurisdiction], a court of this state has jurisdiction to make an initial…”
Wolter v. Fortuna, 27 Neb. Ct. App. 166 (Neb. Ct. App. 2019).
“§ 43-1238 (Reissue 2016) of the UCCJEA, which provides in part: (a) Except as otherwise provided in section 43-1241 [regarding temporary emergency jurisdiction], a court of this state has jurisdiction to make an initial child custody determination only if: (1) this state is the…”
Bryant v. Bryant, 28 Neb. Ct. App. 362 (Neb. Ct. App. 2020).
“Generally speaking, Neb. Rev. Stat. § 43-1238 (a)(1) (Reissue 2016) grants jurisdiction to the home state of the child and § 43-1238(a)(2) through (4) sets out the exceptions under which a court will have jurisdiction, even if it is not in the child’s home state.”
— Neb. Rev. Stat. § 43-1238(a)(3) — 2 cases
Wolter v. Fortuna, 27 Neb. Ct. App. 166 (Neb. Ct. App. 2019).
“§ 43-1238 (Reissue 2016) of the UCCJEA, which provides in part: (a) Except as otherwise provided in section 43-1241 [regarding temporary emergency jurisdiction], a court of this state has jurisdiction to make an initial child custody determination only if: (1) this state is the…”
— Neb. Rev. Stat. § 43-1238(a)(4) — 4 cases
DeLima v. Tsevi, 301 Neb. 933 (Neb. 2018).
“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…”
Wolter v. Fortuna, 27 Neb. Ct. App. 166 (Neb. Ct. App. 2019).
“§ 43-1238 (Reissue 2016) of the UCCJEA, which provides in part: (a) Except as otherwise provided in section 43-1241 [regarding temporary emergency jurisdiction], a court of this state has jurisdiction to make an initial child custody determination only if: (1) this state is the…”
— Neb. Rev. Stat. § 43-1238(b) — 9 cases
Gonzalez v. State (In Re Carlos D.), 300 Neb. 646 (Neb. 2018).
“During the pendency of this appeal, the Nebraska Legislature amended Neb. Rev. Stat. § 43-1238 (b) (Reissue 2016) in 2018 Neb.”
Alberto v. State (In Re Luis J.), 300 Neb. 659 (Neb. 2018).
“During the pendency of this appeal, the Nebraska Legislature amended Neb. Rev. Stat. § 43-1238 (b) (Reissue 2016) in 2018 Neb.”
Hernandez v. Dorantes, 994 N.W.2d 46 (Neb. 2023).
“On a motion for special findings pursu- ant to Neb. Rev. Stat. § 43-1238 (b) (Cum. Supp.”
In re Guardianship of Carlos D., 300 Neb. 646 (Neb. 2018).
“The 2017 amend- ment to Neb. Rev. Stat. § 43-1238 (b) (Reissue 2016) clarifies that courts with jurisdiction over an “initial child custody determination” as that term is used in § 43-1238(a) also have jurisdiction and authority to make special findings of fact similar to those…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.