25-1039. Information to be submitted to court
A. In a child custody proceeding, each party, in its first pleading or in
an attached affidavit, shall give information, if reasonably ascertainable, under oath as
to the child's present address or whereabouts, the places where the child has lived
during the last five years and the names and present addresses of the persons with whom
the child has lived during that period. The pleading or affidavit must state whether the
party:
1. Has participated, as a party or witness or in any other capacity, in any other
proceeding concerning the custody of or visitation with the child and, if so, shall
identify the court, the case number and the date of the child custody determination, if
any.
2. Knows of any proceeding that could affect the current proceeding, including
proceedings for enforcement and proceedings relating to domestic violence, protective
orders, termination of parental rights and adoptions and, if so, shall identify the
court, the case number and the nature of the proceeding.
3. Knows the names and addresses of any person who is not a party to the proceeding
and who has physical custody of the child or claims rights of legal custody or physical
custody of, or visitation with, the child and, if so, the names and addresses of those
persons.
B. If the information required by subsection A is not furnished, the court, on
motion of a party or on its own motion, may stay the proceeding until the information is
furnished.
C. If the declaration as to any of the items described in subsection A, paragraph
1, 2 or 3 is in the affirmative, the declarant shall give additional information under
oath as required by the court. The court may examine the parties under oath as to details
of the information furnished and other matters pertinent to the court's jurisdiction and
the disposition of the case.
D. Each party has a continuing duty to inform the court of any proceeding in this
or any other state that could affect the current proceeding.
E. If a party alleges in an affidavit or a pleading under oath that the health,
safety or liberty of a party or child would be jeopardized by disclosure of identifying
information, the information must be sealed and may not be disclosed to the other party
or the public unless the court orders the disclosure to be made after a hearing in which
the court takes into consideration the health, safety or liberty of the party or child
and determines that the disclosure is in the interest of justice.
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