Nebraska Court Case: In re Gomez

Martin Gomez, on behalf of himself and his minor children, Kassandra B. and Nicholas B., Appellant, v. Karen M. Savage and Timothy Savage, Appellees, and Anita A. Bechtold, Intervenor-Appellee. 

NO. S-97-333 

SUPREME COURT OF NEBRASKA 

254 Neb. 836; 580 N.W.2d 523;

June 26, 1998, Filed 

Appeal from the District Court for Cass County; Randall L. Rehmeier, Judge. 

Affirmed as modified. 

COUNSEL:
Peter T. Hoffman, of University of Nebraska Civil Clinical Law Program, for appellant.

Herbert J. Elworth, of Casey & Elworth, and Mark R. Widell for appellees and intervenor-appellee. 

JUDGES:
WHITE, C.J., CAPORALE, WRIGHT, CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ. 

OPINIONBY:
CONNOLLY 

OPINION:
CONNOLLY, J.
In this appeal of a habeas corpus action seeking custody of two minor children, we are required to determine the competing interests of the appellant father, Martin Gomez; the intervenor-appellee mother, Anita Bechtold, who relinquished the children for adoption and later revoked the relinquishment; and the proposed adoptive parents, appellees Karen M. Savage and Timothy L. Savage. The district court determined that Bechtold's revocation was valid, that Gomez was unfit to have custody, and that it would be in the best interest of the children to remain in the custody of the Savages. We affirm as modified.
BACKGROUND
Gomez and Bechtold began dating when they were teenagers, and on July 23, 1982, they had a child, Jamie. Although they never married, Gomez and Bechtold began living together in 1984. The couple had two more children, Kassandra, born May 4, 1986, and Nicholas, born July 17, 1989, who are the subjects of this litigation. Gomez was not identified as the father on any of the children's birth certificates. However, the parties do not contest that he is the biological father.
Gomez did not assist with payment for the births of any of Bechtold's children. However, Gomez was present in the birthing room when Nicholas and Kassandra were born. In or about 1986, Gomez left Bechtold and the two children for about 6 months and moved to Kansas. During that time, he provided no support for his children and did not make contact with them or their mother. However, Gomez and Bechtold reunited in December 1987. During the time that Gomez and Bechtold were together, Gomez assisted with the housework, cooking, and care of the children. Gomez also attended parent-teacher conferences, attended school functions, and gave the children birthday gifts.