 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Buchmeier v. Buchmeier4/2/2002
(not designated for permanent publication)
Appeal from the District Court for Nemaha County: Daniel Bryan, Jr., Judge. Affirmed.
INTRODUCTION
Julie Ann Buchmeier appeals from the order dissolving her marriage to Lloyd Dale Buchmeier and awarding the parties joint custody of their children. She alleges that the trial court could not order joint custody unless both parties agreed and that even if it could, it abused its discretion in ordering joint custody in this case. We conclude that if the proper statutory procedure is followed, joint custody may be ordered in spite of the objection of one party, and that in this case, the trial court did not abuse its discretion in ordering joint custody. Accordingly, we affirm.
BACKGROUND
The parties were married on August 22, 1987. Two children were born of this marriage, Lauren, born September 3, 1991, and Lukas, born June 9, 1994. After the parties separated in October 1999, they agreed to a joint custody arrangement in which for 1 week one parent had the children on Monday, Tuesday, and Wednesday; the other parent had the children on Thursday and Friday; and then the children went back to the other parent for Saturday and Sunday. The next week, the days were switched. Expenses were divided equally for the children. The family home outside of Johnson, Nebraska, was sold, and both parties moved to Auburn, Nebraska, where Julie purchased a four-bedroom home and Lloyd rented a two-bedroom apartment, but later moved into a three-bedroom home. This shared custody arrangement continued for more than 1 year, until the time of the trial, when Julie asked that she be given sole physical custody of the children with visitation of every other weekend to Lloyd along with a midweek visit. Lloyd asked that custody be shared. Julie did not oppose the shared custody arrangement in the summer months when the children were not in school.
At trial, both parties adduced evidence from themselves, friends, and relatives that each parent was a good parent who loved the children. Testimony was adduced that the children loved each of their parents equally. Except for specific conduct that Julie claims makes Lloyd a less desirable parent, there is no contest on the fitness of either party to parent their children.
Julie testified that during the marriage, she was the primary caregiver for the children and that she prepared the meals and took care of the home. She arranged daycare services for the children and took the children to doctor's appointments. She also did all the shopping for the children. Lloyd agreed with that assertion, but stated that he did all of the lawn work, landscaping work, additions to the family home, and repairs to the home and that he did equally contribute to caring for the children. Lloyd stated that he had the primary responsibility for the discipline of the children. He stated that he has helped the children with their homework and has helped the children in their activities such as softball, T-ball, swimming, fishing, bike riding, and hunting. Lloyd stated this role was the same now as it was during the marriage regarding the activities he and the children share.
There was evidence that Lloyd frequented the White Horse Cafe or Bar (the name varied depending on the party using it) in Johnson with the children once or twice a week, often less, for meals. Lloyd admitted that he would consume alcoholic beverages and then drive with the children back to his home. Lloyd testified that the White Horse was the only eating establishment in Johnson, that he drank in moderation, and that he would stop going to the White Horse and even drinking altogether if that was what it t
Page 1 2 3 4 5 6 Nebraska DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|