Preview
Filed in Sarpy District Court
er EFILED
Case Number: D59C1240000100
Transaction ID: 0021045400
IN THE DISTRICT COURT OF SARPY COUNTY, ANWRBBASWA19/2024 09:46:29 AM CST
EVELYN ESTEFANY RODRIGUEZ,
PLAINTIFF, Case No.
VS.
COMPLAINT FOR
ESTABLISHMENT OF
CESAR AGUSTO GIRON, PATERNITY AND CUSTODY
DEFENDANT.
COMES NOW Evelyn Estefany Rodriguez, the Plaintiff in the above-entitled case, by and
through her attorney, Trevor Brezack of Hatch and Dallon, LLC, and for her cause of action
against the Defendant, Cesar Agusto Giron, states and alleges as follows:
1 That F.A.R., born on XX/XX/2006 (hereinafter, “the minor child”) was born out of
wedlock to Defendant, Cesar Agusto Giron, and Plaintiff, Evelyn Estefany Rodriguez.
That the minor child is a resident of Bellevue, Sarpy County, Nebraska.
That the Plaintiff is a resident of Bellevue, Sarpy County, Nebraska, with her principal
residence located at 4908 Robin Drive Apt 3 Bellevue, NE 68157.
That the biological father, Cesar Agusto Giron’s whereabouts are unknown but believed
to be in living in Honduras.
That the Plaintiff was not married to the Defendant at the time of conception or birth of
the minor child, is not presently married to the Defendant, has never been married to the
Defendant; and that the minor child was conceived and born to the Plaintiff and
Defendant out of wedlock.
That no court, at law or equity, of the United States, any State of the United States, or any
foreign nation whose orders are recognized by the United States, has heretofore
adjudicated the issue of paternity or custody of the minor child.
That pursuant to the Nebraska Child Custody Jurisdiction Act, your Plaintiff states that
the addresses and persons with custody of the minor child since birth are:
Evelyn Estefany Rodriguez. Plaintiff
4908 Robin Drive Apt 3 Bellevue, NE 68157 12/01/2022 to Present
2818 W 6" Street Storm Lake, IA 50588 2021 to 12/01/2022
4856 Robin Dr Bellevue, NE 68157 04/2018 to 2021
Dallas, TX 11/2016 to 04/2018
Catacama, Olancho, Honduras birth to 11/2016
8. ‘That it would be in the best interest of the minor child that the Plaintiff be awarded the
temporary and permanent care, custody and control of the minor child.
That the Defendant and Plaintiff separated prior to the birth of the minor child. That the
Defendant abandoned the minor child when he left the domestic home prior to the birth
of the minor child and never communicated or supported the minor child or the Plaintiff.
That the Defendant has neglected the Plaintiff and minor child when he refused to
financially or emotionally support the minor child since prior to his birth. That the minor
child has never met or spoken to the Defendant. That Plaintiff attempted to support the
minor child on her own but despite her efforts the Plaintiff and minor child went hungry
at least one to two times a week when they did not have enough to eat. That the
Defendant has neglected the plaintiff and minor child when he refused to provide them
with necessities such as food, clothing and shelter since before the minor child’s birth.
That they were forced on the dangerous journey to the United States as the Plaintiff at the
time could not provide for the minor child on her own without the help of the Defendant.
That the Plaintiff found the support to provide for the minor child with food, clothing,
and shelter here in the United States.
10. That minor child has lived in Nebraska for over six months.
11. That it would be in the best interest of the minor child to be in Plaintiffs sole physical
and legal custody.
12. That it would not be in the minor child’s best interest to be returned to his home country
of Honduras due to Defendant’s abandonment and neglect.
13. That reunification of the minor child with Defendant is not possible due to abandonment
and neglect.
14. That the biological father is not under the personal jurisdiction of this court.
15. That no other court has jurisdiction over this custody.
16. That Nebraska Revised Statute 28-710(2)(b) states that “Child abuse or neglect means
knowingly, intentionally, or negligently causing or permitting a minor child to be: (i)
placed in a situation that endangers his or her life or physical or mental health;... (iii)
deprived of necessary food, clothing, shelter, or care...”
17. That Plaintiff is a fit and proper parent who should be awarded the sole and permanent
care, custody, and control of F.A.R.
WHEREFORE, Plaintiff prays that this Court issue an Order finding that the Defendant,
Cesar Agusto Giron, is the natural and biological father of F.A.R. and that the Plaintiff be
awarded his care, custody, and control.
Dated this 14 day of January, 2024. BY ¢s/Trevor Brezack
Trevor Brezack, # 27793
Hatch and Dallon, LLC
1910 S 72nd Street, Suite 305
Omaha, NE 68124
Ph: (402) 922-6010
Fax: (402) 922-6010
Tbrezack@hatchdallon.com
VERIFICATION
STATE OF NEBRASKA )
) ss.
COUNTY OF DOUGLAS)
I, Evelyn Estefany Rodriguez, Plaintiff, being first duly sworn, depose and say that I am the
Plaintiff herein; that I have read the foregoing Complaint for Establishment of Paternity and
Custody, know its contents; and that I do solemnly swear that the facts stated therein are true,
and I do so under penalty of perjury.
Subscribed and sworn to before me on this (9 day of January , 2024.
GENERAL NOTARY - State of Nebraska
TREVOR BREZACK
My Comm. Exp, November 3, 2025
Preview
Filed in Sarpy District Court er EFILED Case Number: D59C1240000100 Transaction ID: 0021045400 IN THE DISTRICT COURT OF SARPY COUNTY, ANWRBBASWA19/2024 09:46:29 AM CST EVELYN ESTEFANY RODRIGUEZ, PLAINTIFF, Case No. VS. COMPLAINT FOR ESTABLISHMENT OF CESAR AGUSTO GIRON, PATERNITY AND CUSTODY DEFENDANT. COMES NOW Evelyn Estefany Rodriguez, the Plaintiff in the above-entitled case, by and through her attorney, Trevor Brezack of Hatch and Dallon, LLC, and for her cause of action against the Defendant, Cesar Agusto Giron, states and alleges as follows: 1 That F.A.R., born on XX/XX/2006 (hereinafter, “the minor child”) was born out of wedlock to Defendant, Cesar Agusto Giron, and Plaintiff, Evelyn Estefany Rodriguez. That the minor child is a resident of Bellevue, Sarpy County, Nebraska. That the Plaintiff is a resident of Bellevue, Sarpy County, Nebraska, with her principal residence located at 4908 Robin Drive Apt 3 Bellevue, NE 68157. That the biological father, Cesar Agusto Giron’s whereabouts are unknown but believed to be in living in Honduras. That the Plaintiff was not married to the Defendant at the time of conception or birth of the minor child, is not presently married to the Defendant, has never been married to the Defendant; and that the minor child was conceived and born to the Plaintiff and Defendant out of wedlock. That no court, at law or equity, of the United States, any State of the United States, or any foreign nation whose orders are recognized by the United States, has heretofore adjudicated the issue of paternity or custody of the minor child. That pursuant to the Nebraska Child Custody Jurisdiction Act, your Plaintiff states that the addresses and persons with custody of the minor child since birth are: Evelyn Estefany Rodriguez. Plaintiff 4908 Robin Drive Apt 3 Bellevue, NE 68157 12/01/2022 to Present 2818 W 6" Street Storm Lake, IA 50588 2021 to 12/01/2022 4856 Robin Dr Bellevue, NE 68157 04/2018 to 2021 Dallas, TX 11/2016 to 04/2018 Catacama, Olancho, Honduras birth to 11/2016 8. ‘That it would be in the best interest of the minor child that the Plaintiff be awarded the temporary and permanent care, custody and control of the minor child. That the Defendant and Plaintiff separated prior to the birth of the minor child. That the Defendant abandoned the minor child when he left the domestic home prior to the birth of the minor child and never communicated or supported the minor child or the Plaintiff. That the Defendant has neglected the Plaintiff and minor child when he refused to financially or emotionally support the minor child since prior to his birth. That the minor child has never met or spoken to the Defendant. That Plaintiff attempted to support the minor child on her own but despite her efforts the Plaintiff and minor child went hungry at least one to two times a week when they did not have enough to eat. That the Defendant has neglected the plaintiff and minor child when he refused to provide them with necessities such as food, clothing and shelter since before the minor child’s birth. That they were forced on the dangerous journey to the United States as the Plaintiff at the time could not provide for the minor child on her own without the help of the Defendant. That the Plaintiff found the support to provide for the minor child with food, clothing, and shelter here in the United States. 10. That minor child has lived in Nebraska for over six months. 11. That it would be in the best interest of the minor child to be in Plaintiffs sole physical and legal custody. 12. That it would not be in the minor child’s best interest to be returned to his home country of Honduras due to Defendant’s abandonment and neglect. 13. That reunification of the minor child with Defendant is not possible due to abandonment and neglect. 14. That the biological father is not under the personal jurisdiction of this court. 15. That no other court has jurisdiction over this custody. 16. That Nebraska Revised Statute 28-710(2)(b) states that “Child abuse or neglect means knowingly, intentionally, or negligently causing or permitting a minor child to be: (i) placed in a situation that endangers his or her life or physical or mental health;... (iii) deprived of necessary food, clothing, shelter, or care...” 17. That Plaintiff is a fit and proper parent who should be awarded the sole and permanent care, custody, and control of F.A.R. WHEREFORE, Plaintiff prays that this Court issue an Order finding that the Defendant, Cesar Agusto Giron, is the natural and biological father of F.A.R. and that the Plaintiff be awarded his care, custody, and control. Dated this 14 day of January, 2024. BY ¢s/Trevor Brezack Trevor Brezack, # 27793 Hatch and Dallon, LLC 1910 S 72nd Street, Suite 305 Omaha, NE 68124 Ph: (402) 922-6010 Fax: (402) 922-6010 Tbrezack@hatchdallon.com VERIFICATION STATE OF NEBRASKA ) ) ss. COUNTY OF DOUGLAS) I, Evelyn Estefany Rodriguez, Plaintiff, being first duly sworn, depose and say that I am the Plaintiff herein; that I have read the foregoing Complaint for Establishment of Paternity and Custody, know its contents; and that I do solemnly swear that the facts stated therein are true, and I do so under penalty of perjury. Subscribed and sworn to before me on this (9 day of January , 2024. GENERAL NOTARY - State of Nebraska TREVOR BREZACK My Comm. Exp, November 3, 2025