Nebraska Revised Statutes
Neb. Rev. Stat. § 43-1802 (2026)
Visitation; conditions; order; modification
✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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(1) A grandparent may seek visitation with his or her minor grandchild if:
(a) The child's parent or parents are deceased;
(b) The marriage of the child's parents has been dissolved or petition for the dissolution of such marriage has been filed, is still pending, but no decree has been entered; or
(c) The parents of the minor child have never been married but paternity has been legally established.
(2) In determining whether a grandparent shall be granted visitation, the court shall require evidence concerning the beneficial nature of the relationship of the grandparent to the child. The evidence may be presented by affidavit and shall demonstrate that a significant beneficial relationship exists, or has existed in the past, between the grandparent and the child and that it would be in the best interests of the child to allow such relationship to continue. Reasonable rights of visitation may be granted when the court determines by clear and convincing evidence that there is, or has been, a significant beneficial relationship between the grandparent and the child, that it is in the best interests of the child that such relationship continue, and that such visitation will not adversely interfere with the parent-child relationship.
(3) The court may modify an order granting or denying such visitation upon a showing that there has been a material change in circumstances which justifies such modification and that the modification would serve the best interests of the child.
Notes of Decisions
Cited in 54
cases (6 in the last 5 years), 1992–2025 · leading case: Nelson v. Nelson, 674 N.W.2d 473 (Neb. 2004).
Nelson v. Nelson, 674 N.W.2d 473 (Neb. 2004). “The final criterion of § 43-1802 required Arlene to prove by clear and convincing evidence that visitation would not adversely interfere with the parent-child relationship.”
Simms v. Friel, 921 N.W.2d 369 (Neb. 2019). “Simms, the maternal grandmother of Friel's three minor children, filed a petition for grandparent visitation under Neb. Rev. Stat. § 43-1802 (Reissue 2016).”
Hamit v. Hamit, 715 N.W.2d 512 (Neb. 2006). “The circumstances in which a grandparent can seek visitation are covered by § 43-1802 of the grandparent visitation statutes, which provides in relevant part as follows: (1) A grandparent may seek visitation with his or her minor grandchild if: (a) The child’s parent or parents…”
Simms ex rel. Friel v. Friel, 911 N.W.2d 636 (Neb. Ct. App. 2018). “We further determine that a district court must make specific findings as set forth in Neb. Rev. Stat. § 43-1802 (2) (Reissue 2016) before granting grandparent visitation.”
Troxel v. Granville, 530 U.S. 57 (2000). “022 (2)(a)(2) (1998) (court may award grandparent visitation if in best interest of child and "such visitation would not interfere with the parent-child relationship"); Neb. Rev. Stat. § 43-1802 (2) (1998) (court must find "by clear and convincing evidence" that grandparent…”
Pier v. Bolles, 596 N.W.2d 1 (Neb. 1999). “§ 43-1802(1). Robert and Dona Jo’s grandparent visitation order at issue in this case was entered pursuant to § 43-1802(1)(b) after the divorce of Stephanie and Brett.”
Beal v. Endsley, 529 N.W.2d 125 (Neb. Ct. App. 1995). “Although § 43-1802 allows the district court to grant reasonable rights of visitation only after it is satisfied that the evidence is clear and convincing that the three conditions set forth above have been proven, the determination of what is reasonable visitation under the…”
Lindblad v. Lindblad, 962 N.W.2d 545 (Neb. 2021). “[7,8] Summarizing these statutory requirements, we have explained that a grandparent seeking visitation must prove by clear and convincing evidence that (1) there is, or has been, a significant beneficial relationship between the grandparent and the child; (2) it is in the best…”
Heiden v. Norris, 912 N.W.2d 758 (Neb. 2018). “Section 43-1802 sets forth a grandparent's right to visitation in part as follows: (1) A grandparent may seek visitation with his or her minor grandchild if: (a) The child's parent or parents are deceased; (b) The marriage of the child's parents has been dissolved or petition…”
Linda H. v. Tyler R. (In re Micah H.), 918 N.W.2d 834 (Neb. 2018). “§ 43-1801 (Reissue 2016) to include both biological and adoptive grandparents, but limited its **461 definition of grandparent to § 43-1801 and Neb. Rev. Stat. §§ 43-1802 and 43-1803 (Reissue 2016).”
Davis v. Moats, 956 N.W.2d 682 (Neb. 2021). “§ 43-1802 (1)(c) (Reissue 2016), a grandparent may seek visitation with his or her minor grandchild if the parents of the minor child have never been married but paternity has been legally established.”
Simms v. Friel, 25 Neb. Ct. App. 640 (Neb. Ct. App. 2018). “A district court must make specific findings as set forth in Neb. Rev. Stat. § 43-1802 (2) (Reissue 2016) before granting grandpar- ent visitation.”
Neb. Rev. Stat. § 43-1802(1): 7 cases
Hamit v. Hamit, 715 N.W.2d 512 (Neb. 2006). “The circumstances in which a grandparent can seek visitation are covered by § 43-1802 of the grandparent visitation statutes, which provides in relevant part as follows: (1) A grandparent may seek visitation with his or her minor grandchild if: (a) The child’s parent or parents…”
Rosse v. Rosse, 510 N.W.2d 73 (Neb. 1994).
Muzzey v. Ragone, 831 N.W.2d 38 (Neb. Ct. App. 2013).
Zoucha ex rel. D.H. v. Henn, 604 N.W.2d 828 (Neb. 2000).
Pier v. Bolles, 596 N.W.2d 1 (Neb. 1999). “§ 43-1802(1). Robert and Dona Jo’s grandparent visitation order at issue in this case was entered pursuant to § 43-1802(1)(b) after the divorce of Stephanie and Brett.”
Neb. Rev. Stat. § 43-1802(1)(a): 4 cases
Gatzemeyer v. Knihal, 915 N.W.2d 630 (Neb. Ct. App. 2018).
Brian M. v. Cynthia A., No. A-15-114 (Neb. Ct. App. Jan. 19, 2016).
Gatzemeyer v. Knihal, 25 Neb. Ct. App. 897 (Neb. Ct. App. 2018).
Stear v. Zlomke, No. A-24-173 (Neb. Ct. App. Mar. 4, 2025).
Neb. Rev. Stat. § 43-1802(1)(b): 4 cases
Pier v. Bolles, 596 N.W.2d 1 (Neb. 1999). “§ 43-1802(1). Robert and Dona Jo’s grandparent visitation order at issue in this case was entered pursuant to § 43-1802(1)(b) after the divorce of Stephanie and Brett.”
Dean D. v. Rachel S., 923 N.W.2d 87 (Neb. Ct. App. 2018).
Dean D. v. Rachel S., 26 Neb. Ct. App. 678 (Neb. Ct. App. 2018).
Kane v. Kane, 974 N.W.2d 312 (Neb. 2022).
Neb. Rev. Stat. § 43-1802(1)(c): 3 cases
Muzzey v. Ragone, 831 N.W.2d 38 (Neb. Ct. App. 2013).
Dean D. v. Rachel S., 923 N.W.2d 87 (Neb. Ct. App. 2018).
Dean D. v. Rachel S., 26 Neb. Ct. App. 678 (Neb. Ct. App. 2018).
Neb. Rev. Stat. § 43-1802(2): 26 cases
Nelson v. Nelson, 674 N.W.2d 473 (Neb. 2004). “The final criterion of § 43-1802 required Arlene to prove by clear and convincing evidence that visitation would not adversely interfere with the parent-child relationship.”
Simms ex rel. Friel v. Friel, 911 N.W.2d 636 (Neb. Ct. App. 2018). “We further determine that a district court must make specific findings as set forth in Neb. Rev. Stat. § 43-1802 (2) (Reissue 2016) before granting grandparent visitation.”
Hamit v. Hamit, 715 N.W.2d 512 (Neb. 2006). “The circumstances in which a grandparent can seek visitation are covered by § 43-1802 of the grandparent visitation statutes, which provides in relevant part as follows: (1) A grandparent may seek visitation with his or her minor grandchild if: (a) The child’s parent or parents…”
Simms v. Friel, 921 N.W.2d 369 (Neb. 2019). “Simms, the maternal grandmother of Friel's three minor children, filed a petition for grandparent visitation under Neb. Rev. Stat. § 43-1802 (Reissue 2016).”
Beal v. Endsley, 529 N.W.2d 125 (Neb. Ct. App. 1995). “Although § 43-1802 allows the district court to grant reasonable rights of visitation only after it is satisfied that the evidence is clear and convincing that the three conditions set forth above have been proven, the determination of what is reasonable visitation under the…”
Neb. Rev. Stat. § 43-1802(2)(1998): 1 case
Hiller v. Fausey, 904 A.2d 875 (Pa. 2006).
Neb. Rev. Stat. § 43-1802(3): 5 cases
Pier v. Bolles, 596 N.W.2d 1 (Neb. 1999). “§ 43-1802(1). Robert and Dona Jo’s grandparent visitation order at issue in this case was entered pursuant to § 43-1802(1)(b) after the divorce of Stephanie and Brett.”
Hede v. Gilstrap, 2005 WY 24, 107 P.3d 158.
Lindblad v. Lindblad, 962 N.W.2d 545 (Neb. 2021). “[7,8] Summarizing these statutory requirements, we have explained that a grandparent seeking visitation must prove by clear and convincing evidence that (1) there is, or has been, a significant beneficial relationship between the grandparent and the child; (2) it is in the best…”
Krejci v. Krejci, 934 N.W.2d 179 (Neb. 2019).
Morris v. Corzatt, 583 N.W.2d 26 (Neb. 1998).
Neb. Rev. Stat. § 43-1802(b): 1 case
Ponseigo v. MARY W., 672 N.W.2d 36 (Neb. 2003).
Neb. Rev. Stat. § 43-1802(l)(b): 2 cases
Beal v. Endsley, 529 N.W.2d 125 (Neb. Ct. App. 1995). “Although § 43-1802 allows the district court to grant reasonable rights of visitation only after it is satisfied that the evidence is clear and convincing that the three conditions set forth above have been proven, the determination of what is reasonable visitation under the…”
Dice v. Dice, 493 N.W.2d 207 (Neb. Ct. App. 1992).
Neb. Rev. Stat. § 43-1802(l)(c): 2 cases
Bullock v. J.B., 725 N.W.2d 401 (Neb. 2006).
Zoucha ex rel. D.H. v. Henn, 604 N.W.2d 828 (Neb. 2000).
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