Nebraska Court of Appeals
570 N.W.2d 368 (Neb. Ct. App. 1997)
Thomas Hassenstab (plaintiff) and Carol Hassenstab (defendant) were married and had a child, Jacqueline. Thomas and Carol divorced. The Douglas County District Court entered a divorce decree, granting custody of Jacqueline to Carol. Thomas filed a petition to modify the divorce decree to award Thomas custody. Thomas presented evidence that since the divorce, Carol became engaged in a homosexual relationship. Thomas also testified that Carol had attempted suicide. The evidence indicated that the attempted suicide had occurred seven years prior, before the divorce decree was entered. The evidence also indicated that Jacqueline was a happy, healthy child. Jacqueline told the court that she wanted to stay in Carol’s custody. The trial court denied Thomas’s motion to modify the divorce decree. Thomas appealed.
Rule of Law
Holding and Reasoning (Inbody, J.)
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