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Questions Answered by Julie Fowler
1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: If there is no legal custody set up for my child. can I be called in for kidnapping if I decide to keep my child.

I picked up my child for Christmas break and when I did, I smelled marajuana in the house that she was living in. After doing an at home drug test and it coming up positive, I have decided to have my child live with me. My child's mother is insistant that I need to return her however custody... View More

Julie Fowler
Julie Fowler
answered on Jan 2, 2024

It depends. It is rare for there to be grounds for a kidnapping charge to be filed against a parent of a child. If you are not legally established as the father, then there may be grounds for kidnapping. If you haven't seen your child in years, then there may be grounds. If there is an... View More

2 Answers | Asked in Family Law for Nebraska on
Q: Is my marriage legal and how do I apply for a new marriage license with someone else? Is my married name legal?

After my husband passed away I found out he was still legally married to someone else

Julie Fowler
Julie Fowler
answered on Jan 2, 2024

If your husband (or presumed husband) is deceased at this time, then it doesn't matter whether you were legally married previously or not for purposes of marriage/re-marriage. You can move forward with getting a marriage license with your fiance since your prior (presumed) spouse is deceased.... View More

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2 Answers | Asked in Civil Litigation and Civil Rights for Nebraska on
Q: Are places allowed to ban you from coming back IF the pharmacy you go to is in the building? Is there a work around?

The context is that I went to a store for a money order. Staff are horrible with noticing people at customer service. Typically when it's like that, I will look around the store and think of if I need anything. Which, staff were glaring at me. After getting the money order, I get some stuff... View More

Julie Fowler
Julie Fowler
answered on Jan 2, 2024

So long as the reason is not discriminatory, a private place of business can ban you from entering their premises. You can speak with management to see if they will un-ban you or if there is another work around. There are also options like delivery and mail order pharmacy depending on the... View More

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1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: My family moved out of our rental at the end of October 2023. At move-out inspection, landlord indicated damage present.

He thought 1 wall was not correctly patched and should be replaced and upstairs and basement living carpets were stained and must be replaced. He indicated we would settle it between us. Husband told him to just keep the deposit. We waited 35 days from then before following up. We have not yet... View More

Julie Fowler
Julie Fowler
answered on Dec 22, 2023

The Nebraska Legal Aid Landlord Tenant Handbook is a often a good place to start and includes some samples and forms. It is a little bit dated but most of the information is still good and it is often a good place to start for information.... View More

1 Answer | Asked in Family Law for Nebraska on
Q: I need a temporary guardianship form?

My child will be staying with her grandparents and she needs to be enrolled in school in another state. I have a parenting plan in place and need to get it modified. There school system needs a temporary guardianship signed by the court to enroll her in school.

Julie Fowler
Julie Fowler
answered on Dec 22, 2023

If this is just temporary and both parents are in agreement, then you can generally use the temporary delegation of parental powers form on the Nebraska Supreme Court's website. Both parents would normally need to complete the form. It would be up to the school whether this form would be... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Nebraska on
Q: He is not compliant with the court ordered agreement rules.he has broken/gone against almost every single oder on papers

Childsupport ordered they didnt even go based on his actual salary causs he is union.he lied on his income only claimed 2 employers.i proved it in court first appearance.what can i do?.

Julie Fowler
Julie Fowler
answered on Dec 13, 2023

If you disagree with what the Court ordered, you can challenge the order. Your options to challenge the order depend on how long ago the order was entered. If it was entered very recently, you may be able to file a motion for new trial or an appeal, among other possible motions. Some of these... View More

1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: I think my husband filed for a divorce back in 2020 after us being separated 7 yrs whole he was in prison behind my back

I found court papers he filled out when he was in prison in Nebraska State. They called it "dissolution of marriage" which he wrote down that he didn't know how to contact me and tried my parents phone but no one ever answered. There is a notary signature on it. My question is how do... View More

Julie Fowler
Julie Fowler
answered on Dec 13, 2023

You can go on the State of Nebraska Judicial Branch website and search for court cases under your name and his name. If you have a divorce case in Nebraska, it should show as a court case in Nebraska under the parties' names. I believe there is a relatively small fee to search for... View More

1 Answer | Asked in Federal Crimes, Criminal Law and Employment Law for Nebraska on
Q: Do I have to disclose a felony from 15 years ago to a possible employer?
Julie Fowler
Julie Fowler
answered on Dec 4, 2023

If the employer requests and your answer is untruthful, you could potentially be terminated for not being truthful on your application. Further, if the employer does a background check and it shows the conviction, you are not likely to get the job for not being honest on your application. They... View More

1 Answer | Asked in Consumer Law, Appeals / Appellate Law and Small Claims for Nebraska on
Q: What can I do about past judgements that date form late 90's to 2016 in the states of Nebraska and Kansas?

These judgements I never knew existed until I applied for an FHA loan. The oldest released in '98 and only has my SS# on it with my brother's name and his wife. Other judgements I can't make heads and tails out of. Would these fall under statute of limitations and how can I remove... View More

Julie Fowler
Julie Fowler
answered on Dec 4, 2023

It depends on what you mean by judgments. Are these court case judgments? If so, you may need to review the court file(s) to see what you could do to challenge them at this time. Are these on your credit report? Sometimes things get improperly reported and you can send in proof to the credit... View More

2 Answers | Asked in Native American Law for Nebraska on
Q: What is the native American law if a court system refuses a jurisdiction hearing for the minor children?
Julie Fowler
Julie Fowler
answered on Dec 4, 2023

I'm not sure which law specifically you are looking for. It could be one of several.

You might want to take a look at the Nebraska Indian Child Welfare Act (Nebraska Revised Statutes 43-1501 to 43-1517). You could also take a look at the Uniform Child Custody Jurisdiction and...
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1 Answer | Asked in Criminal Law for Nebraska on
Q: At what point should the county attorney turn over all evidence they have to the public defense attorney

The prosecuting attorney has footage of the alleged crime but the public defender attorney does not have it

Julie Fowler
Julie Fowler
answered on Dec 4, 2023

There isn't a set answer to your question and the process and timing varies somewhat from county to county. It also depends somewhat on the severity of the charge and the type of evidence in question.

For example, it might start with the defense attorney having access to the police...
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2 Answers | Asked in Personal Injury and Car Accidents for Nebraska on
Q: Passenger in uber fender bender. Hurt neck & now have issues moving it. They want to settle at $1.4k fair or worth more?

Had prior back issues but never neck issues. Doctor said ct scan yesterday showed post traumatic neck pain due to injury and the only injury to my neck is the uber. Have degenerative disc's in spine in neck area and straightening of the normal cervical lordosis. Which causes more pain ontop of... View More

Julie Fowler
Julie Fowler
answered on Dec 4, 2023

Are the medical bills, anticipated medical bills related to injury due to the accident, and lost wages expected to be more than $1,400? Is there any compensation for pain and suffering? Does the total still equal $1,400 or less even with some compensation for pain and suffering? Depending on... View More

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2 Answers | Asked in Family Law and Probate for Nebraska on
Q: What can you do if a grandchild who was not named in a will takes things from a deceased person's house and won't return
Julie Fowler
Julie Fowler
answered on Nov 28, 2023

I agree with the other attorney. You can call the non-emergency law enforcement phone number and make a police report if you believe a crime has occurred. You can also speak with the executor of the estate and they can file a motion within the probate case to ask the Court to enter an order... View More

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1 Answer | Asked in Family Law for Nebraska on
Q: contempt need to be filed immediately. Is there a time limit?

just happened saturday

Julie Fowler
Julie Fowler
answered on Nov 20, 2023

There isn't a specific time limit to file a contempt action. However, if you don't act on enforcing your rights, you may waive them after a period of time. There isn't a set time period and it depends on the specific facts of the case. Depending on your judge, the next available... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Nebraska on
Q: Is there a way to request documents and report from my employer on why I was terminated

I know it's a higher it will state and I know the main reason of why they terminated me, but they act very weird and quiet about it and I find it odd and I want to know more?

Julie Fowler
Julie Fowler
answered on Nov 19, 2023

If you have enough grounds to bring a cause of action against the employer for the termination, then part of your court case could include asking for records, deposing witnesses, etc. for more information as to the termination.

If you were an at-will employee and it is just curiousity, then...
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1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Can my son that has temporarily delegation over my daughter let her come stay with me her mom in another state if he si
Julie Fowler
Julie Fowler
answered on Nov 19, 2023

A temporary delegation of parental powers can be revoked at any time by the parent and is not necessarily enforceable on the other parent if both parents didn't sign. Even if both parents have signed one, either can revoke it at any time for any reason.

If there is a dispute...
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1 Answer | Asked in Family Law for Nebraska on
Q: On a parenting agreement, what does 15 days uninterrupted parenting time mean?

Does vacation have to be 15 days in a row? Can one parent take 15 days total on the others parenting time split over the year? Do the parents have to switch off if a holiday in the parenting agreement causes one parent to have the child over 15 days?

The statement says:

Vacation... View More

Julie Fowler
Julie Fowler
answered on Nov 19, 2023

For an answer how to read your specific decree, you need to speak with an attorney and read the decree and parenting plan together as a whole. Just reading one snippet and not knowing the background on your case could result in you interpretting something very different from how the Court might... View More

1 Answer | Asked in Child Support and Family Law for Nebraska on
Q: Is the District Court of Douglas County NE. contracted by the Title 4-D agency to set child support orders?

If my order was set in District Court, why then do I have to deal with a Title 4D Agency. Who has authority over my case? They both can't can they? I'm confussed

Julie Fowler
Julie Fowler
answered on Nov 14, 2023

The child support office is part of the government, or a contractor for the government. The child support office is required to do things like enforce child support orders, among other tasks. This means that they can send an income withholding to garnish wages for child support, among other... View More

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: Is there a new car insurance grace period?

My cousin bought a car in Iowa but lives in Nebraska. Recently got pulled over and fined for not having insurance. They were was told they should’ve had it before even leaving the dealerships. It wasn’t a requirement for her to have it before leaving the dealership in Iowa, so is there no grace... View More

Julie Fowler
Julie Fowler
answered on Nov 6, 2023

Your question is currently posted in Nebraska. In Nebraska, you have to have insurance on your vehicle in order to drive it on a public road. Thus, it is the standard for a party to contact their insurance company to make sure their insurance is active before they drive the vehicle off the lot... View More

1 Answer | Asked in Child Support and Family Law for Nebraska on
Q: Can I get my child support interest written off I just owe interest
Julie Fowler
Julie Fowler
answered on Nov 6, 2023

You don't have a right to write off the interest owed even if only interest is due at this time. The party that it is owed to may be willing to write it off or agree to a lump sum payment to write off the rest. You would need to contact the party that it is owed to in order to request they... View More

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