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Latham vs. Schwerdtfeger

802 N.W.2d 66 (2011)

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Latham vs. Schwerdtfeger

Nebraska Supreme Court
802 N.W.2d 66 (2011)

Facts

Teri Latham (plaintiff) and Susan Rae Schwerdtfeger (defendant) were in a committed relationship and decided to have a child together. Latham and Schwerdtfeger decided that Schwerdtfeger would bear the child. The women chose a sperm donor together, and each woman paid a share of the expenses of the procedure. Schwerdtfeger became pregnant, and Latham attended the prenatal appointments. Latham was with Schwerdtfeger when she gave birth, and Latham took maternity leave to care for Schwerdtfeger and the child. As the child grew, Latham acted as a coparent in every way, and the child called her “Mom.” Eventually Latham and Schwerdtfeger ended their relationship, and Latham moved out of the family home. Latham later testified that after moving out, she kept coparenting the child for at least 18 months, but Schwerdtfeger started unreasonably taking away Latham’s parenting time. Latham filed a complaint to establish a parenting plan. The trial court granted summary judgment to Schwerdtfeger and dismissed the matter. Latham appealed.

Rule of Law

Issue

Holding and Reasoning (Miller-Lerman, J.)

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