Zahl v. Zahl

Heavican, CJ.

NATURE OF CASE

This marital dissolution action presents issues related to an order of joint physical custody for the parties’ minor child. When ordering joint custody under Neb. Rev. Stat. § 42-364(5) (Cum. Supp. 2006), a district court must specifically find that joint custody is in a child’s best interests. The district court failed to make that finding in the dissolution decree. Further, because neither party had requested joint physical custody, the evidence presented at trial was limited to which parent should have sole custody. We conclude that under this circumstance, the…