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BRETT M. EX REL. NEBRASKA CHILDREN'S HOME SOCIETY v. VESELY

No. S-08-178.

757 N.W.2d 360 (2008)

276 Neb. 765

BRETT M., also known as Morgan V., a minor child, ex rel. NEBRASKA CHILDREN'S HOME SOCIETY, a Nebraska nonprofit corporation, Appellee, v. Jason VESELY and Angela Vesely, Husband and wife, Appellants.

Supreme Court of Nebraska.

November 21, 2008.

Attorney(s) appearing for the Case

Kathleen Koenig Rockey and Christopher C. Hilkemann, of Copple, Rockey & McKeever, P.C., L.L.O., Norfolk, and Kelly N. Tollefsen, Lincoln, for appellants.

Tom D. Hockabout, of Moyer, Egley, Fullner & Montag, Madison, for appellee.

Jeffrey M. Doerr, of Law Offices of Jeffrey M. Doerr, P.C., Neligh, guardian ad litem.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

MILLER-LERMAN, J.

NATURE OF THE CASE

This case involves an appeal from the issuance of a writ of habeas corpus by the district court for Knox County ordering the removal of Brett M., also known as Morgan V. (Morgan), from the home of his prospective adoptive parents, appellants Jason Vesely and Angela Vesely, where he had been placed by appellee, Nebraska Children's Home Society (the agency). We conclude that although legal custody of Morgan remained with...

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