Nielsen v. Nielsen ( 1980 )

Hastings, J.,

concurring.

I agree with the result reached by the majority opinion and the statement that “Where the custody of a minor child is involved in a habeas corpus action, the custody of the child is to be determined by the best interests of the child, with due regard for the superior rights of a fit, proper, and suitable parent.” Ante at 149,_N.W.2d at__However, I am opposed to turning the judicial clock back to 1963 and endorsing the holding of Raymond v. Cotner, 175 Neb. 158, 120 N.W.2d 892 (1963), which prohibits a court from depriving a parent of the custody of a minor child unless there is an affirmative showing of unfitness on the parent’s part or he or she is shown to have forfeited such parental rights.

Boslaugh, J., joins in this concurrence.