Neb. Rev. Stat. » Chapter 43
Nebraska Revised Statutes

Neb. Rev. Stat. § 43-1802 (2026)

Visitation; conditions; order; modification

✓ current as of July 2026
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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).
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Nelson v. Nelson, 674 N.W.2d 473 (Neb. 2004). · cites it 20× “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, 302 Neb. 1 (Neb. 2019). · cites it 6× “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). · cites it 9× “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…”
Troxel v. Granville, 530 U.S. 57 (2000). · cites it 4× “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). · cites it 12× “§ 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). · cites it 9× “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, 309 Neb. 776 (Neb. 2021). · cites it 4× “Neb. Rev. Stat. § 43-1801 (Reissue 2016) defines a grand­ parent as the “biological or adoptive parent of a minor child’s biological or adoptive parent.”
Heiden v. Norris, 300 Neb. 171 (Neb. 2018). · cites it 2× “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.), 301 Neb. 437 (Neb. 2018). · cites it 2× “§ 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, 308 Neb. 757 (Neb. 2021). · cites it 2× “1 [2] Statutory interpretation is a question of law, which an appellate court resolves independently of the trial court. 2 [3] A jurisdictional question which does not involve a fac- tual dispute is determined by an appellate court as a matter of law.”
Simms v. Friel, 25 Neb. Ct. App. 640 (Neb. Ct. App. 2018). · cites it 11× “A district court must make specific findings as set forth in Neb. Rev. Stat. § 43-1802 (2) (Reissue 2016) before granting grandpar- ent visitation.”
Rosse v. Rosse, 510 N.W.2d 73 (Neb. 1994). · cites it 7× “ASSIGNMENTS OF ERROR Summarized, Valerie alleges that the trial court erred in (1) failing to find that the petitioners were estopped from bringing a separate action for visitation because of their participation in, or opportunity to participate in, the prior dissolution…”
Show all 54 citing cases →
— 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). “ASSIGNMENTS OF ERROR Summarized, Valerie alleges that the trial court erred in (1) failing to find that the petitioners were estopped from bringing a separate action for visitation because of their participation in, or opportunity to participate in, the prior dissolution…”
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, 25 Neb. Ct. App. 897 (Neb. Ct. App. 2018).
Brian M. v. Cynthia A. (Neb. Ct. App. 2016).
Gatzemeyer v. Knihal, 25 Neb. Ct. App. 897 (Neb. Ct. App. 2018).
Stear v. Zlomke (Neb. Ct. App. 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., 26 Neb. Ct. App. 678 (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., 26 Neb. Ct. App. 678 (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.”
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, 302 Neb. 1 (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…”
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(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 (Wyo. 2005).
Lindblad v. Lindblad, 309 Neb. 776 (Neb. 2021). “Neb. Rev. Stat. § 43-1801 (Reissue 2016) defines a grand­ parent as the “biological or adoptive parent of a minor child’s biological or adoptive parent.”
Krejci v. Krejci, 304 Neb. 302 (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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