Court of Appeals of Nebraska. In actions for dissolution of marriage, an appellate court reviews the case de novo on the record to determine whether there has been an abuse of discretion by the trial judge. In a review de novo on the record, an appellate court reappraises the evidence as presented by the record and reaches its own independent conclusions with respect to the matters at issue. When evidence is in conflict, an appellate court considers, and may give weight to, the fact that the trial judge heard and observed the witness and accepted one version of the facts rather than another. When custody of a minor child is an issue in a proceeding to dissolve the marriage of the child's parents, child custody is determined by parental fitness and the child's best interests.
Race is but one factor among several to be considered in child custody determinations.
Biracial heritage should not preclude an otherwise warranted award of child custody. Present behavior of the custodial parent is of greater significance than past behavior when attempting to determine the best interests of the child. It has long been the policy of this state that economic advantages of the parents do not trump all other factors in determining the best interests of a child. A court cannot deprive a parent of the custody of a child merely because the parent has limited resources or financial problems. All orders for child support, including modifications, must include a basic income and support calculation worksheet.