In Re Adoption of Trystyn D.

NATURE OF CASE

Vicki C., the natural mother of Trystyn D., filed a motion in the county court for Scotts Bluff County to set aside the adoption of Trystyn by David Prestidge and Ronda Prestidge. The court found that it lacked jurisdiction to consider the motion and, in the alternative, that Neb. Rev. Stat. § 43-116 (Reissue 1993) statutorily barred reopening of the decree in the absence of “clearly proven fraud.” Thus, the court sustained the Prestidges’ demurrer and dismissed the matter. On appeal, the Nebraska Court of Appeals concluded that the demurrer was properly sustained for failure to…