Mitchell v. French

NATURE OF CASE

The issue presented in this case is whether the district court erred under Neb. Rev. Stat. § 42-358(1) (Cum. Supp. 2002) when it ordered Douglas County to pay a portion of the guardian ad litem fees on behalf of one of the parties to the action without finding that the party was indigent. We hold that it was error and reverse, and remand with directions.

BACKGROUND

On December 28, 2000, Thomas S. Mitchell, Jr., initiated this action in the district court for Douglas County against Nikki A. French. Mitchell’s operative petition alleged that he was the father of two minor children…