Preview
Filed in Richardson District Court
** EFILED **
Case Number: D19C1240000013
Transaction ID: 0021109566
Filing Date: 02/01/2024 01:48:27 PM CST
IN THE DISTRICT COURT OF RICHARDSON COUNTY, NEBRASKA
TERRA FRANK, )
Plaintiff, )
vs. COMPLAINT TO ESTABLISH
) CUSTODY, PARENTING TIME
FRANKLYN RIST, ) AND SUPPORT
Defendant. )
COMES NOW, the Plaintiff, Terra Frank, by her undersigned attorney, for her Complaint
to Establish Custody, Parenting time, and Support against the Defendant, Franklyn Rist, states
and alleges as follows:
1. This is an action for a judicial determination of custody, parenting time, and support of
McKaley G. Rist, a minor child.
2. The Plaintiff, Terra Frank, is a resident of Richardson County, Nebraska. The address
of the Plaintiff is: 717 E 21% St. Falls City, NE 68355.
3. The Defendant is a resident of Richardson County, Nebraska. The address of the
Defendant is 63239 712 Rd., Humboldt, NE 68376.
4, The Plaintiff, Terra Frank, is the natural and biological Mother of, and the Defendant,
Franklyn Rist, is the natural biological Father of McKaley G. Rist (DOB: 09/2022).
5. The minor child currently resides with the Plaintiff, Terra Frank, in Falls City,
Richardson County, Nebraska, and has since her birth.
6. That no person, not a party to this action, has physical custody of the child or claims to
have custody or visitation rights with respect to the minor child.
7. That the minor child was born out of wedlock as defined by Neb. Rev. Stat. §43-1401,
as amended. The parties have never been married.
8. That the Plaintiff/Mother, Terra Frank, has continuously been actively involved in the
parenting of the minor child since her birth, and it is the best interest and welfare of the parties’
minor child that the Plaintiff/Mother be granted sole or primary legal and physical custody,
subject to reasonable visitation rights granted to the Defendant/Father.
9. That the Plaintiff/Mother has and does provide a stable home environment for the
minor child, and has a responsible and caring attitude towards the care, welfare, support, and best
interests of the minor child.
10. That the Plaintiff/Mother is well capable and routinely provides for the physical and
emotional well-being of the minor child.
11. That the Plaintiff/Mother has been the primary caregiver of the minor child since her
birth.
12. That the Plaintiff/Mother’s immediate family has close bonds with the minor child
through the Plaintiff/Mother.
13. That there is currently a protection order regarding the parties to this action.
14. Neither Plaintiff nor Defendant is now a member of the United States Armed Forces
or its allies.
15. That Defendant’s paternity of the minor child has been acknowledged and legally
established pursuant to the parties signing the Nebraska Department of Health and Human
Services paternity acknowledgment form at the minor child’s birth.
16. That parties’ have not reached a Parenting Plan agreement pursuant to the Nebraska
Parenting Act as of the date of this Complaint.
17. That the Plaintiff/Mother request that this matter be heard by a District Court Judge.
WHEREFORE, the Plaintiff/Mother, Terra Frank, respectfully request that this Court
find, adjudicate, order, and determine that:
1. That the Plaintiff/Mother, Terra Frank, is a fit and proper person to have primary/sole
legal and physical custody, and control of the minor child, McKaley G. Rist;
2. That this Court adopt a Parenting Plan, pursuant to the Nebraska Parenting Act Neb.
Rev. Stat. Sect. 43-2929, and consistent with the Plaintiff/Mother, having primary/sole legal and
physical custody of the minor child.
3. That this Court determine child support for and on behalf of the minor child based on
the economic circumstances of the parties, the child custody determined for the parties, the
parties’ current income making abilities and the Nebraska Child Support Guidelines;
4, That this Court determine each party’s responsibility for healthcare and medical care of
the minor child, extracurricular, education and general welfare expenses; as well as, each party’s
ability to claim the minor child as a dependent for income tax purposes;
5. For such other and further relief as this Court deems is just and equitable.
Dated this 30th day of January, 2024.
TERRA FRANK, Plaintiff
By /s/ Morgan T. Ritchie
Morgan T. Ritchie (27653)
Ligouri Law Offices
P.O. Box 99
Auburn, Nebraska 68305
Telephone: (402) 274-5484
Morganritchie41@gmail.com
{Plaintiff's Notarized Signature on the following page}
Complaint for Custody, Parenting Time, & Support
Frank v. Rist
Page 2 of 3
STATE OF NEBRASKA, COUNTY OF NEMAHA )) SS.
Terra Frank, being first duly sworn upon oath, deposes and states that she is the
Plaintiff/Mother above named; that she has read the foregoing Complaint; knows the contents
thereof, and that the same are true as she verily believes
SAA Frou
Térra Frank
Subscribed and Sworn to before me this9O day of January 2024, by Terra Frank.
Wn
Notar}) Public
My commission expires. I-16 9049
Q GENERAL NOTARY - State of Nebraska
RACHEL JEAN
rote My Comm. Exp. November 15, 2025
Complaint for Custody, Parenting Time, & Support
Frankv. Rist
Page 3 of 3
Preview
Filed in Richardson District Court ** EFILED ** Case Number: D19C1240000013 Transaction ID: 0021109566 Filing Date: 02/01/2024 01:48:27 PM CST IN THE DISTRICT COURT OF RICHARDSON COUNTY, NEBRASKA TERRA FRANK, ) Plaintiff, ) vs. COMPLAINT TO ESTABLISH ) CUSTODY, PARENTING TIME FRANKLYN RIST, ) AND SUPPORT Defendant. ) COMES NOW, the Plaintiff, Terra Frank, by her undersigned attorney, for her Complaint to Establish Custody, Parenting time, and Support against the Defendant, Franklyn Rist, states and alleges as follows: 1. This is an action for a judicial determination of custody, parenting time, and support of McKaley G. Rist, a minor child. 2. The Plaintiff, Terra Frank, is a resident of Richardson County, Nebraska. The address of the Plaintiff is: 717 E 21% St. Falls City, NE 68355. 3. The Defendant is a resident of Richardson County, Nebraska. The address of the Defendant is 63239 712 Rd., Humboldt, NE 68376. 4, The Plaintiff, Terra Frank, is the natural and biological Mother of, and the Defendant, Franklyn Rist, is the natural biological Father of McKaley G. Rist (DOB: 09/2022). 5. The minor child currently resides with the Plaintiff, Terra Frank, in Falls City, Richardson County, Nebraska, and has since her birth. 6. That no person, not a party to this action, has physical custody of the child or claims to have custody or visitation rights with respect to the minor child. 7. That the minor child was born out of wedlock as defined by Neb. Rev. Stat. §43-1401, as amended. The parties have never been married. 8. That the Plaintiff/Mother, Terra Frank, has continuously been actively involved in the parenting of the minor child since her birth, and it is the best interest and welfare of the parties’ minor child that the Plaintiff/Mother be granted sole or primary legal and physical custody, subject to reasonable visitation rights granted to the Defendant/Father. 9. That the Plaintiff/Mother has and does provide a stable home environment for the minor child, and has a responsible and caring attitude towards the care, welfare, support, and best interests of the minor child. 10. That the Plaintiff/Mother is well capable and routinely provides for the physical and emotional well-being of the minor child. 11. That the Plaintiff/Mother has been the primary caregiver of the minor child since her birth. 12. That the Plaintiff/Mother’s immediate family has close bonds with the minor child through the Plaintiff/Mother. 13. That there is currently a protection order regarding the parties to this action. 14. Neither Plaintiff nor Defendant is now a member of the United States Armed Forces or its allies. 15. That Defendant’s paternity of the minor child has been acknowledged and legally established pursuant to the parties signing the Nebraska Department of Health and Human Services paternity acknowledgment form at the minor child’s birth. 16. That parties’ have not reached a Parenting Plan agreement pursuant to the Nebraska Parenting Act as of the date of this Complaint. 17. That the Plaintiff/Mother request that this matter be heard by a District Court Judge. WHEREFORE, the Plaintiff/Mother, Terra Frank, respectfully request that this Court find, adjudicate, order, and determine that: 1. That the Plaintiff/Mother, Terra Frank, is a fit and proper person to have primary/sole legal and physical custody, and control of the minor child, McKaley G. Rist; 2. That this Court adopt a Parenting Plan, pursuant to the Nebraska Parenting Act Neb. Rev. Stat. Sect. 43-2929, and consistent with the Plaintiff/Mother, having primary/sole legal and physical custody of the minor child. 3. That this Court determine child support for and on behalf of the minor child based on the economic circumstances of the parties, the child custody determined for the parties, the parties’ current income making abilities and the Nebraska Child Support Guidelines; 4, That this Court determine each party’s responsibility for healthcare and medical care of the minor child, extracurricular, education and general welfare expenses; as well as, each party’s ability to claim the minor child as a dependent for income tax purposes; 5. For such other and further relief as this Court deems is just and equitable. Dated this 30th day of January, 2024. TERRA FRANK, Plaintiff By /s/ Morgan T. Ritchie Morgan T. Ritchie (27653) Ligouri Law Offices P.O. Box 99 Auburn, Nebraska 68305 Telephone: (402) 274-5484 Morganritchie41@gmail.com {Plaintiff's Notarized Signature on the following page} Complaint for Custody, Parenting Time, & Support Frank v. Rist Page 2 of 3 STATE OF NEBRASKA, COUNTY OF NEMAHA )) SS. Terra Frank, being first duly sworn upon oath, deposes and states that she is the Plaintiff/Mother above named; that she has read the foregoing Complaint; knows the contents thereof, and that the same are true as she verily believes SAA Frou Térra Frank Subscribed and Sworn to before me this9O day of January 2024, by Terra Frank. Wn Notar}) Public My commission expires. I-16 9049 Q GENERAL NOTARY - State of Nebraska RACHEL JEAN rote My Comm. Exp. November 15, 2025 Complaint for Custody, Parenting Time, & Support Frankv. Rist Page 3 of 3