Legal Opinion · Concurring in part, dissenting in part

Nielsen v. Nielsen

Nebraska Supreme Court

Decided September 5, 1980No. 42958Published

1Concurring in part, dissenting in partKrivosha, C.J.

While I generally concur with the result reached by the majority in the instant case, I must dissent from that portion of the opinion which holds that a court may not properly deprive a parent of the custody of a minor child “unless it is affirmatively shown that such parent is unfit to perform the duties imposed by the relationship, or has forfeited that right,” ante p. 149, _ N.W.2d _(emphasis added), and from that portion of the opinion which recites that “the right of a parent to the custody of his minor child is not lightly to be set aside in favor of more distant relatives or unrelated…

2Cases cited6 opinions

  1. Clarke v. LyonNebraska Supreme Court · 1908
  2. Raymond v. CotnerNebraska Supreme Court · 1963
  3. In Interest of LoomisNebraska Supreme Court · 1976
  4. Bigley v. TibbsNebraska Supreme Court · 1975
  5. Haynes v. HaynesNebraska Supreme Court · 1979

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