42-356 Hearings. - Nebraska Statutes

42-356. Hearings.Hearings shall be held in open court upon the oral testimony of witnesses or upon the depositions of such witnesses taken as in other actions. The court may in its discretion close the hearing and may restrict the availability of the evidence or bill of exceptions. SourceLaws 1972, LB 820, § 10. AnnotationsNotice and hearing required to modify custody of child except where court retained custody in original order. Brandl v. Brandl, 197 Neb. 778, 251 N.W.2d 155 (1977).In matters pertaining to dissolution, such as custody, hearings shall be held in open court upon the oral testimony of witnesses or upon the depositions of such witnesses taken as in other actions. Where a modification of custody is concerned, a judicial determination of the best interests of the children must be based on evidence preserved in the record. Burns v. Burns, 2 Neb. App. 795, 514 N.W.2d 848 (1994).