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BENTON v. BENTON

No. 37846.

188 N.W.2d 685 (1971)

187 Neb. 205

Cecile A. BENTON, Appellee, Cross-Appellant, v. John M. BENTON, Appellant, Cross-Appellee.

Supreme Court of Nebraska.

July 9, 1971.

Attorney(s) appearing for the Case

Lyman & Meister, Howard P. Olsen, Scottsbluff, for appellant.

Wright, Simmons, Hancock & Hall, Scottsbluff, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, SMITH, McCOWN, NEWTON, and CLINTON, JJ.

WHITE, Chief Justice.

The questions in this case are: First, whether the custody of 13-year-old Donna Benton should be taken from her mother and given to the remarried father, John M. Benton, and second, the amount of the child support award.

The father, John M. Benton, has the burden of proof to show by convincing evidence changed circumstances demonstrating the unfitness of the mother, Cecile A. Benton, to have the custody of Donna, or that the best interests...

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