Background
Adam S. and Rebecca B. are unmarried parents of Apollo, born in October 2020. Paternity was established in October 2023, ordering Adam to pay $491 monthly child support. The parties initially co-parented with alternating weekly custody until January 2024, when Rebecca relocated to Colorado with Apollo without notifying Adam or obtaining court permission. Adam sought temporary custody orders and filed for child custody and parenting time in March 2024. Rebecca remained in Colorado despite a district court order requiring her return by August 2024.
Trial was held January 14, 2025. Adam testified that he had lived in Nebraska with Apollo since birth, maintained close involvement in Apollo’s care and medical appointments, and had planned childcare through his mother. Rebecca testified she was Apollo’s primary caregiver, but admitted she had not provided Adam information about Apollo’s Colorado doctors, babysitters, or living arrangements, and that she had previously relied on others to pay her bills. Both parties testified to attending parenting classes, though Rebecca provided no proof of completion.
The Court’s Holding
The Court of Appeals affirmed the district court’s award of sole physical custody to Rebecca, finding no plain error despite minimal factual analysis. Although the district court did not elaborate its reasoning, the Court noted that unmarried mothers are initially entitled to automatic custody of their children. While Rebecca’s unilateral relocation disrupted Apollo’s relationship with Adam, the fact that Rebecca offered ample parenting time (two weekends monthly plus summer break) and indicated willingness to maintain the father-child relationship despite distance warranted affirmance under the best interests of the child standard.
The Court reversed the district court’s modification of child support, holding that the district court abused its discretion by modifying the obligation without first finding a material change in circumstances—a mandatory prerequisite. The reduction from $491 to $454 monthly represented less than 10 percent variation and did not meet the statutory threshold establishing a rebuttable presumption of material change. Adam failed to provide evidence of changed financial circumstances, changed child needs, or other qualifying factors, and the prior child support calculation worksheet was not included in the record for comparison.
Key Takeaways
- A trial court must find a material change in circumstances before modifying child support; this is not optional or discretionary.
- Under Nebraska’s Child Support Guidelines, a variation of 10 percent or more (but not less than $25) in the child support obligation establishes a rebuttable presumption of material change.
- Unmarried mothers retain initial automatic custody rights, but courts must still apply best interests factors when both parents are found fit.
- While parental relocation and disruption of parent-child contact weigh against a relocating parent, evidence that the parent will facilitate continued contact may preserve custody despite distance.
Why It Matters
This decision reinforces that child support modifications require strict adherence to statutory prerequisites. Trial courts cannot reduce support based merely on reviewing earnings worksheets or modified custody arrangements without explicitly identifying and analyzing a material change in circumstances. The decision protects obligated parents by requiring clear evidentiary findings and prevents erosion of support through incremental, undocumented reductions.
The decision also addresses the intersection of custody relocation and parental rights. While the Court affirmed Rebecca’s custody despite removing Apollo to Colorado without permission, it emphasized that willingness to facilitate the non-custodial parent’s ongoing relationship—even across distance—can mitigate the prejudice of unilateral relocation. For practitioners, the opinion signals that trial courts should provide detailed best interests analysis in custody determinations, even when not strictly required.