43-1801. Grandparent, defined.
As used in sections 43-1801 to 43-1803, unless the context otherwise requires, grandparent shall mean the biological or adoptive parent of a minor child's biological or adoptive parent. Such term shall not include a biological or adoptive parent of any minor child's biological or adoptive parent whose parental rights have been terminated.
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Under this section, "context" means the context of the statutory language and not the factual circumstances of an individual's case. As such, persons who acted as grandparents but were not the "biological or adoptive parent of [the] minor child's biological or adoptive parent" have no right to grandparent visitation under the grandparent visitation statutes. Heiden v. Norris, 300 Neb. 171, 912 N.W.2d 758 (2018).
Although the Nebraska grandparent visitation statutes recognize the interests of the child in the continuation of the grandparent relationship, under Nebraska's grandparent visitation statutes as a whole, the best interests of the child consideration does not deprive the parent of sufficient protection, because visitation will not be awarded where such visitation would adversely interfere with the parent-child relationship. Hamit v. Hamit, 271 Neb. 659, 715 N.W.2d 512 (2006).
Nebraska's grandparent visitation statutes are not unconstitutional on their face. Hamit v. Hamit, 271 Neb. 659, 715 N.W.2d 512 (2006).
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