The Nebraska Court of Appeals reversed a custody order that forbade in-prison visitation rights to the father after he was incarcerated for possession of child pornography and attempted sexual assault.
Robey v. Robey, 2012 Neb. App. LEXIS 9 (2012). The victim of the attempted assault was a neighborhood child. While it is known that the children were in the room when the act occurred, it appears the children were unaware it was happening.
At trial, the court denied supervised visitation rights while the father was in prison. However, on appeal, the court reversed, holding that visitation should not be denied because a parent is in prison and because "[t]he negative ramifications experienced by the parties' minor children were not shown to be specific or causally related to the specific crimes of which Robert stands convicted."
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