(1) If the minor child's parent or parents are deceased or have never been married, a grandparent seeking visitation shall file a petition in the district court in the county in which the minor child resides. If the marriage of the parents of a minor child has been dissolved or a petition for the dissolution of such marriage has been filed, is still pending, but no decree has been entered, a grandparent seeking visitation shall file a petition for such visitation in the district court in the county in which the dissolution was had or the proceedings are taking place. The county court or the district court may hear the proceeding as provided in section 25-2740. The form of the petition and all other pleadings required by this section shall be prescribed by the Supreme Court. The petition shall include the following:
(a) The name and address of the petitioner and his or her attorney;
(b) The name and address of the parent, guardian, or other party having custody of the child or children;
(c) The name and address of any parent not having custody of the child or children if applicable;
(d) The name and year of birth of each child with whom visitation is sought;
(e) The relationship of petitioner to such child or children;
(f) An allegation that the parties have attempted to reconcile their differences, but the differences are irreconcilable and such parties have no recourse but to seek redress from the court; and
(g) A statement of the relief sought.
(2) When a petition seeking visitation is filed, a copy of the petition shall be served upon the parent or parents or other party having custody of the child and upon any parent not having custody of such child by personal service or in the manner provided in section 25-517.02.
Notes of Decisions
Cited in
12
cases (
5 in the last 5 years), 1994–2022 · leading case:
Davis v. Moats, 308 Neb. 757 (Neb. 2021).
Davis v. Moats, 308 Neb. 757 (Neb. 2021).
· cites it 5× “4 Under Neb. Rev. Stat. § 43-1802 (1)(c) (Reissue 2016), a grandparent may seek visitation with his or her minor grand- child if the parents of the minor child have never been mar- ried but paternity has been legally established.”
Williams v. Williams, 975 N.W.2d 523 (Neb. 2022).
· cites it 5× “The Court of Appeals noted Neb. Rev. Stat. § 43-1803 (2) (Reissue 2016), which is part of the grandparent visitation statutes and which provides that “[w]hen a petition seeking visitation is filed, a copy of the petition shall be served upon the parent or parents or other party…”
Morse v. Olmer, 29 Neb. Ct. App. 346 (Neb. Ct. App. 2021).
· cites it 5× “As a part of her argument, Kaylee asserts that the Morses failed to serve Aaron with a copy of their complaint pursuant to Neb. Rev. Stat. § 43-1803 (2) (Reissue - 351 - Nebraska Court of Appeals Advance Sheets 29 Nebraska Appellate Reports MORSE v.”
Rosse v. Rosse, 510 N.W.2d 73 (Neb. 1994).
· cites it 2× “) Section 43-1803(1) provides in relevant part: If the marriage of the parents of a minor child has been dissolved or a petition for the dissolution of such marriage has been filed, is still pending, but no decree has been entered, a grandparent seeking visitation shall file a…”
Bullock v. J.B., 725 N.W.2d 401 (Neb. 2006).
· cites it 2× “Instead, Neb. Rev. Stat. § 43-1803 (Reissue 2004) provides the procedure for requesting grandparent visitation.”
Beal v. Endsley, 529 N.W.2d 125 (Neb. Ct. App. 1995).
“We digress, for a moment, to correct the caption in this matter to properly reflect that Jacquelyn Endsley is a party to these proceedings. Although not originally named, she did enter a voluntary appearance, thus subjecting herself to the jurisdiction of the court.”
Ponseigo v. MARY W., 672 N.W.2d 36 (Neb. 2003).
· cites it 3× “Although § 43-1803 requires a petition seeking grandparent visitation to be filed in the district court, § 43-247 provides: The juvenile court shall have exclusive original jurisdiction as to any juvenile defined in subdivision .”
In Re Interest of Zachary W., 526 N.W.2d 233 (Neb. Ct. App. 1994).
“With respect to grandparents’ visitation rights, § 43-1803 specifically provides for venue in the district court of the county where the child resides or in the district court where the dissolution of the parents’ marriage is pending or was dissolved.”
Dorszynski v. Reier, 578 N.W.2d 457 (Neb. Ct. App. 1998).
· cites it 5× “” Observing that § 43-1803 provides that grandparents seeking visitation have the right to file a petition in the district court of the county in which the dissolution took place, the district court nonetheless found that the parents had subsequently “waived jurisdiction to the…”
Davis v. Moats, 308 Neb. 757 (Neb. 2021).
· cites it 5× “4 Under Neb. Rev. Stat. § 43-1802 (1)(c) (Reissue 2016), a grandparent may seek visitation with his or her minor grand- child if the parents of the minor child have never been mar- ried but paternity has been legally established.”
Brian M. v. Cynthia A. (Neb. Ct. App. 2016).
· cites it 9× “Cynthia cites Neb. Rev. Stat. § 43-1803 (1) (Reissue 2008), which provides in part that a “grandparent seeking visitation shall file a petition in the district court.”
Kane v. Kane, 974 N.W.2d 312 (Neb. 2022).
· cites it 3× “” Neb. Rev. Stat. § 43-1803 (1) (Reissue 2016) further provides that where “the marriage of the parents of a minor child has been dissolved .”
— Neb. Rev. Stat. § 43-1803(1) — 5 cases
Rosse v. Rosse, 510 N.W.2d 73 (Neb. 1994).
“) Section 43-1803(1) provides in relevant part: If the marriage of the parents of a minor child has been dissolved or a petition for the dissolution of such marriage has been filed, is still pending, but no decree has been entered, a grandparent seeking visitation shall file a…”
Ponseigo v. MARY W., 672 N.W.2d 36 (Neb. 2003).
“Although § 43-1803 requires a petition seeking grandparent visitation to be filed in the district court, § 43-247 provides: The juvenile court shall have exclusive original jurisdiction as to any juvenile defined in subdivision .”
Dorszynski v. Reier, 578 N.W.2d 457 (Neb. Ct. App. 1998).
“” Observing that § 43-1803 provides that grandparents seeking visitation have the right to file a petition in the district court of the county in which the dissolution took place, the district court nonetheless found that the parents had subsequently “waived jurisdiction to the…”
Brian M. v. Cynthia A. (Neb. Ct. App. 2016).
“Cynthia cites Neb. Rev. Stat. § 43-1803 (1) (Reissue 2008), which provides in part that a “grandparent seeking visitation shall file a petition in the district court.”
Kane v. Kane, 974 N.W.2d 312 (Neb. 2022).
“” Neb. Rev. Stat. § 43-1803 (1) (Reissue 2016) further provides that where “the marriage of the parents of a minor child has been dissolved .”
— Neb. Rev. Stat. § 43-1803(2) — 4 cases
Davis v. Moats, 308 Neb. 757 (Neb. 2021).
“4 Under Neb. Rev. Stat. § 43-1802 (1)(c) (Reissue 2016), a grandparent may seek visitation with his or her minor grand- child if the parents of the minor child have never been mar- ried but paternity has been legally established.”
Williams v. Williams, 975 N.W.2d 523 (Neb. 2022).
“The Court of Appeals noted Neb. Rev. Stat. § 43-1803 (2) (Reissue 2016), which is part of the grandparent visitation statutes and which provides that “[w]hen a petition seeking visitation is filed, a copy of the petition shall be served upon the parent or parents or other party…”
Morse v. Olmer, 29 Neb. Ct. App. 346 (Neb. Ct. App. 2021).
“As a part of her argument, Kaylee asserts that the Morses failed to serve Aaron with a copy of their complaint pursuant to Neb. Rev. Stat. § 43-1803 (2) (Reissue - 351 - Nebraska Court of Appeals Advance Sheets 29 Nebraska Appellate Reports MORSE v.”
Davis v. Moats, 308 Neb. 757 (Neb. 2021).
“4 Under Neb. Rev. Stat. § 43-1802 (1)(c) (Reissue 2016), a grandparent may seek visitation with his or her minor grand- child if the parents of the minor child have never been mar- ried but paternity has been legally established.”
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