Nebraska case law summary by Attorney Richard Clem: Nebraska Grandparent Visitation.

Latonne Davis v. Victoria E. Motas. Nebraska Grandparent Visitation

The paternal grandmother brought this action for grandparent visitation under Nebraska Revised Statute 43-1802. The father was never served with the complaint, and was not a party to the action. The mother contended that the father was an indispensible party, and that the court lacked subject matter jurisdiction. The case was ultimately heard by the Nebraska Supreme Court.

The high court agreed that there was no subject matter jurisdiction.

No. 308 Neb. 757 (Mar. 16, 2021).

Please see the original opinion for the court's exact language.

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Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).

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