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Questions Answered by Julie Fowler
1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: If a tenant gave me a 3-day notice that they are moving out of the property, do I still give them a full deposit back?

I did not have them sign a lease, as this is my first time being a landlord.

Julie Fowler
Julie Fowler
answered on Nov 18, 2024

Nebraska Legal Aid put together a handbook with some of the more common questions for landlords and tenants in Nebraska. Some of the information is now a little data but it still has a lot of good information and resources.... View More

1 Answer | Asked in Traffic Tickets and Gov & Administrative Law for Nebraska on
Q: Can you have Christmas lights on your car in NE?

The only information I found was that you can not have red or green lights visible directly in front, and you can not have flashing or amber lights. Does this mean I can have red mounted on the sides with blue as long as they are constantly on and not flashing or rotating?

Julie Fowler
Julie Fowler
answered on Nov 18, 2024

Below is a statute that addresses some of the restrictions on the lights. Depending on where you drive, there are also other ordinances and laws that apply.

https://nebraskalegislature.gov/laws/statutes.php?statute=60-6,225

If you review to the below, it has some of the more...
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2 Answers | Asked in Child Custody and Family Law for Nebraska on
Q: How does father of a child, who didn’t sign the birth certificate, establish paternity even though it’s been 5 years?

The mother has been elusive and blocked the fathers every attempt to pay child support, see the child, and the father lives In California while the mother is in Nebraska

Julie Fowler
Julie Fowler
answered on Nov 18, 2024

The statute of limitations to establish paternity in Nebraska is 4 years old. If you have a relationship with the child, you can file outside of the 4 year statute of limitations as the "next friend." For example, if your child lives with you but you never added your name to the birth... View More

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1 Answer | Asked in Domestic Violence for Nebraska on
Q: My husband served protection order and violated it 3 hours afterwards with the aid from friend and deputy who served
Julie Fowler
Julie Fowler
answered on Oct 31, 2024

If the protection order is against him and he violated it, then you can contact law enforcement and make a police report. Depending on the contact, the prosecutor may file criminal charges against him for violating the protection order based on your report.

If you were the one served with...
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1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: how can landlord sue a tenenant for violating the landlord tenant act which he himself is already in violation of?
Julie Fowler
Julie Fowler
answered on Oct 31, 2024

It is common for each party to claim the other party didn't follow the terms of the agreement. If an action is brought against one party, it is very common for that party to file a counter complaint stating the ways that the other party didn't follow the agreement. You would want to... View More

1 Answer | Asked in Small Claims for Nebraska on
Q: If I’m an authorized user on a credit card, can the card holder sue me for the card balance?

My ex gave me access to his credit card as an authorized user and now he’s threatening to sue me for not paying the balance off fast enough. I’m already struggling as it is, and making these payments are really hard for me.

Julie Fowler
Julie Fowler
answered on Oct 31, 2024

You can contract with another person to agree to pay something for the other. If one person doesn't follow through on their end of the agreement, you may bring an action against them for breach of the terms of the contract. It doesn't have to be a written contract, but it is easier to... View More

1 Answer | Asked in Education Law for Nebraska on
Q: Hello, My wife is a special education teachers in Nebraska. She has been physically abused by a student. Options?

It started last year when she went to the ER for a possible broken finger. After that incident things stopped. This year it has all started again. The student has hit her or thrown thing at her for 3 days in a row. So on 10/25-10/29-10/30. Administartion has seen his action but nothing has been... View More

Julie Fowler
Julie Fowler
answered on Oct 31, 2024

Unfortunately, some careers have a greater risk of physical injuries than others. Generally, injuries that were caused within the line of work are compensated under workers' compensation. If you were injured at work, you should speak with a workers' compensation attorney to see if your... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Nebraska on
Q: I am a 16 year old adopted child my mom keeps taking my phone that she doesn’t not pay for nor she bought.

What can I do to prevent this from happening?

Julie Fowler
Julie Fowler
answered on Oct 31, 2024

Generally, a parent can take a child's cell phone. This includes as part of a disciplinary measure or if the parent wants to limit or prohibit cell phone or social media use.

Almost every school now has a school counselor available to students to help talk about issues they are...
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2 Answers | Asked in Animal / Dog Law for Nebraska on
Q: If I have a fenced in back yard and the neighbor does not, what is my liability if their dog puts its face through the f

Am I financially responsible?

Julie Fowler
Julie Fowler
answered on Oct 10, 2024

Put up a Beware of Dog sign. Talk with your neighbor and let them know that your dog is not friendly and that they shouldn't let their dog come into your yard or try to get through your fence into your yard. Depending on your level of concern and the power of your dog, you could put up mesh... View More

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1 Answer | Asked in Consumer Law for Nebraska on
Q: Is a storage unit responsible?If you're unit gets mice and ruins your belongings
Julie Fowler
Julie Fowler
answered on Oct 10, 2024

You should contact the storage unit company and report the damage. Once aware of the problem, they will need to take reasonable steps to try to remedy the situation so that further infestation isn't occurring in their units. This could be things like spraying or rat traps, if they... View More

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Cps took my granddaughter and placed her in harms way. What can I do to get her back ASAP?
Julie Fowler
Julie Fowler
answered on Oct 10, 2024

It depends why the child was removed. Often the fastest way to get a child back is to remedy whatever the alleged concern was that led to the removal. If you are not the legal parent, then you may additionally have to prove that the legal parents are not fit. The preferred placement under the... View More

1 Answer | Asked in Family Law for Nebraska on
Q: Can someone file ex parte under false alligations? The father filed and took the baby from my daughter. Baby now in harm

Harms way. Family are alcoholics, assaulted my daughter with baby in arms , brother shot girl friend in head and they all live there and baby sleeps on floor now lawyers want 300 consultation and 5000 detainer can’t afford it

Julie Fowler
Julie Fowler
answered on Oct 10, 2024

When an ex parte order is granted, the Court gives you an opportunity to show your evidence and refute their evidence relatively quickly. Technically the hearing must be set within 10 days of the ex parte order being granted. You will need to present your evidence at that hearing to provide proof... View More

1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: Does my ex have a say in who I choose for childcare?

My ex is refusing to pay his half of the nanny’s hourly rate (market rate) because he says it’s too expensive.

Other items of note:

Custody is Joint legal and Sole Physical

Ex lives overseas and visits are infrequent - He does not use most of the agreed parenting time... View More

Julie Fowler
Julie Fowler
answered on Oct 9, 2024

If there is joint legal custody, then both parties have some say. Most orders include language about making sure the child care is reasonable and necessary. Thus, you generally don't have to choose the cheapest child case but you also can't choose a child care that costs what is beyond... View More

2 Answers | Asked in Construction Law for Nebraska on
Q: I need some help filing a house damaged claim against GPC from work that a contractor did through this company.

They hired a sub contractor to do the work 2 or 3 years ago and in June the my sub pump pipe was severed and flooded my home with all wood flooring. It back up into the home on June 16th 2024. There was a rep from GPC at my house with my plumber and stated that was the work of their under ground... View More

Julie Fowler
Julie Fowler
answered on Sep 20, 2024

It isn't clear exactly how the parties are related to you here. However, generally you can send a demand letter setting forth your request for compensation. If that doesn't get a response, you may need to file a legal action for the damages. Keep in mind that some of the statute of... View More

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2 Answers | Asked in Employment Law and Health Care Law for Nebraska on
Q: I have been working since July 23rd 2024 doing home Health Care and have yet to be paid
Julie Fowler
Julie Fowler
answered on Sep 20, 2024

This depends in part on the terms of your contract. Further, the answer depends if you are legally considered an employee or a contractor.

If you are an employee, you can bring an action under the Nebraska Wage Payment and Collection Act, which starts at Nebraska Revised Statute 48-1228....
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1 Answer | Asked in Adoption and Family Law for Nebraska on
Q: I paid an attorney for my husband to adopt my grandson, who I have custody of in 2019 and still do not have the papers.

I have custody of my grandson and in 2019 I paid a lawyer over $500 for my husband to adopt him. The lawyer guaranteed me that we would be in front of the judge before adoption month, November 2019. We have not been in front of a judge, have not received any papers , we haven't even talked to... View More

Julie Fowler
Julie Fowler
answered on Sep 10, 2024

Most adoption cases are wrapped up within a number of months. Even cases that go to trial and go up on appeal are generally resolved in a matter of years. Thus, something isn't adding up if you hired an attorney in 2019 and the adoption case isn't finalized by now.

If you are...
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1 Answer | Asked in Estate Planning for Nebraska on
Q: Can a minor inherit a dead parents possessions with no will and no spouse

No other children

Julie Fowler
Julie Fowler
answered on Sep 10, 2024

Nebraska statute section 30-3203 describes how the estate passes when an unmarried person dies without a will.

Neb. Rev. Stat. Section 30-3202 states in part: "The part of the intestate estate not passing to the surviving spouse under section 30-2302, or the entire intestate estate...
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2 Answers | Asked in Civil Litigation, Family Law, Child Custody and Civil Rights for Nebraska on
Q: Ex mother in law took daughter night baby mama was arrested. I went to go get daughter and there is a trespassing order

August 31st baby mama was arrested for multiple charges. My ex mother in law took my daughter. I haven't seen my daughter in 4 months. Ever since baby mama went to jail I've been trying everything and anything. Law enforcement is no help what so ever. All they tell me is that it's a... View More

Julie Fowler
Julie Fowler
answered on Sep 10, 2024

From what you describe, it sounds like you need to file a custody action asap. This is a type of civil action. The longer you wait to file the action, the harder your case becomes. When you file your custody action, then the Judge gets to decide who should have custody of the child. A... View More

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1 Answer | Asked in Civil Rights for Nebraska on
Q: Was I supposed to be read my Miranda rights?

I was detained, brought to the backroom, questioned, and cited in Scheel's recently without them reading me my Miranda rights. I was on my lunch break with a co worker and we stopped to grab some darts, a part for his gun, and some new boots. I had grabbed a few packs of dart flights, a set of... View More

Julie Fowler
Julie Fowler
answered on Sep 3, 2024

Not necessarily. It isn't an automatic dismissal for not having your rights read. However, under the facts you describe, you may have a valid motion to suppress. Further, if you didn't pass the point of sale, you may be able to get your charges dismissed, depending on the overall facts... View More

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: I need help getting my grand parents rights

I was seeing my grand daughter just about every day now I can’t see her because my daughter won’t let me because she is mad

Julie Fowler
Julie Fowler
answered on Sep 3, 2024

You may be able to bring a case for grandparent visitation rights.

It would be your burden to prove by "clear and convincing evidence" that you had a significant beneficial relationship with the child. You would also have to should that it is in the child's best interests...
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