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STATE EX REL. AMANDA M. v. JUSTIN T.

No. S-09-138.

777 N.W.2d 565 (2010)

279 Neb. 273

STATE of Nebraska ex rel. AMANDA M., appellee, v. JUSTIN T., defendant and third-party plaintiff, appellee, and Amanda M., third-party defendant, appellant.

Supreme Court of Nebraska.

January 22, 2010.

Attorney(s) appearing for the Case

D. Brandon Brinegar, of Ross, Schroeder & George, L.L.C., for appellant.

Jack W. Besse, of Knapp, Fangmeyer, Aschwege, Besse & Marsh, P.C., for appellee, Justin T.

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

NATURE OF THE CASE

MILLER-LERMAN, J.

In this paternity action subject to the Parenting Act, the district court for Buffalo County awarded the appellant, Amanda M., and the appellee, Justin T., joint legal and physical custody of their minor child, Cloe T. Neither parent sought imposition of joint custody. At issue in this case is whether the trial court, in a paternity case, can properly award joint legal and physical custody of a minor child where neither...

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