Stuhr v. Stuhr ( 1992 )

Hastings, C. J.,

concurring.

I agree with the result reached by the majority opinion. However, I object to our returning to, or reinforcing, the “chattel theory” of child custody rather than looking to the best interests of the child, “ ‘with due regard for the superior rights of a fit, proper, and suitable parent.’ ” See Nielsen v. Nielsen, 207 Neb. 141, 152, 296 N.W.2d 483, 489 (1980) (Hastings, J., concurring).

Boslaugh, J., joins in this concurrence.