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Questions Answered by Julie Fowler
1 Answer | Asked in Criminal Law, Gov & Administrative Law, Civil Litigation and Civil Rights for Nebraska on
Q: Do i have rights to leave a treatment program and choose one that is best for me if i was not court orders

Im on probation and my out patient counsoler recommended me for intensive Outpatient Treatment because I missed a few classes I also missed one of those so she then in turn contacted my probate probation officer and told her that I need intensive outpatient treatment she's and made me go to a... Read more »

Julie Fowler
Julie Fowler answered on Sep 27, 2020

If there is another treatment program that is a better fit and the person has been accepted into that program, then it is possible to transition a person from one program to the other. The person would want to coordinate with the probation officer to make sure they are also aware of the transfer... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: I have a question about the plea deal in regards to my case. Is it okay for me to call the district Court and ask them

I can't get ahold of my PD, and haven't been able to for several days. I would like to call the district Court and ask for more info about the plea deal, but I'm not sure if this would harm my case in any way. (Ex. Could this get back to the county attorney somehow)

Julie Fowler
Julie Fowler answered on Sep 27, 2020

If you have an attorney, the attorney on the other side can't talk to you. Thus, if you have a public defender the prosecutor won't be able to talk to you.

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: Ready to leave 17 year relationship with father of 12 year old daughter. Just want to be a step ahead how do i do this

Our relationship has been bumpy i have no major issues. Besides maybe a slight case of mental abuse. We got past that basically just feel were at a dead end and dont want to leave anything up to chance when it comes to my daughter. I dont wish to keep her drom her dad couldnt if i tried. But cant... Read more »

Julie Fowler
Julie Fowler answered on Sep 27, 2020

If the parents are generally on the same page as to what the parenting time should look like when they separate, then mediation can be a really good tool to come up with a parenting plan. The parenting plan could then be incorporated into a custody order. This way, the parties both have something... Read more »

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: What would be my best option or first step. I recently found out I have twin girls in Nabraska.

In April 2020 I was contacted by an old ex asking if I would take a dna test of her twin girls. The steer came back that I was their father.Since then the mother is continuously getting into trouble with the law or using the girls to hurt me.She has admitted to knowing she was pregnant before... Read more »

Julie Fowler
Julie Fowler answered on Sep 15, 2020

A father can file an action to have paternity legally established. If the Court grants the request, the Court could award the father custody or at least parenting time. The Court would likely also address the financial issues. This would likely include child support. child care expenses, and who... Read more »

1 Answer | Asked in Child Custody for Nebraska on
Q: I have had legal guardianship of my 15 year old grand daughter for 11 years. Her mother wants her back.

Can she get her back? Can my granddaughter terminate the guardianship because she is 15?

Julie Fowler
Julie Fowler answered on Sep 14, 2020

A parent can ask for a guardianship to be terminated. The Court generally looks at whether the parent is fit or not to care for the child and what is in the child's best interests.

1 Answer | Asked in Real Estate Law, Elder Law, Estate Planning and Probate for Nebraska on
Q: What are the steps to getting your name added to a house title in Lincoln Nebraska? Brother had mom's name removed.

My dad passed, my brother removed mom's name so he's the only person on the title. My mother is elderly and she said she didn't know. I was never consulted and found out by looking at the county records. My bother said I can be put on the title but I don't know where to start.

Julie Fowler
Julie Fowler answered on Sep 4, 2020

If you are implying that there may have been some type of fraud in removing the mother's name and adding the brother's name to the title, then that needs to be looked into and corrected if necessary first before participating in the brother's willingness to add another name to the... Read more »

1 Answer | Asked in Divorce for Nebraska on
Q: Is it an illegal practice to determine how much child support you want to pay and then put in false amounts to reach it.

My husband is projecting that I could make $ 32,000 although I gave up my career to stay home with our 4 children for 16 years. So he is using that number, but refuses to use the current year for his wages.

Julie Fowler
Julie Fowler answered on Aug 31, 2020

The question is probably is it proper, not is it illegal. Even if you agree on the amount of child support, the numbers you use now could affect whether you would qualify for a child support modification in the future. If the Court finds your earning capacity is $32,000 now, it could be very... Read more »

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: So my apartment complex just sent me an email updating their security. They are now requiring tenants to show a photo id

To enter the building. I dont feel confertable showing a random person my info constantly. Nor did i sign anything giving them permision to give my info to a 3rd party to check.

Julie Fowler
Julie Fowler answered on Aug 27, 2020

Especially in larger cities in high traffic or high crime areas, it is common for apartments to have a "doorman" that asks for ID if the "doorman" doesn't recognize those coming into the building to protect the property and other tenants.

1 Answer | Asked in Adoption, Child Custody and Family Law for Nebraska on
Q: I’ve taken care of my boyfriends daughter for 4 years after can I gain custody if we break up ?

My boyfriends daughter moved in with us 2 weeks before we gave birth to our son, because her mother was sent to prison. Her mother lost all rights due to lack of visitation leaving him with full custody. I have been a supplement mother to her since she was 4 years old ( she’s now 8 about to turn... Read more »

Julie Fowler
Julie Fowler answered on Aug 27, 2020

Generally for a non-parent to gain custody of a child, the person has to show that not only that they are the real or better parent but that the legal parent is unfit. A parent's rights are protected by the Constitution and parental unfitness is a high standard. If the biological parents... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Nebraska on
Q: So in this case, should the co defendant be able to suppress evidence also?
Julie Fowler
Julie Fowler answered on Aug 27, 2020

There are times when a motion to suppress is valid and is granted for one defendant but doesn't apply to a co-defendant. It depends on the overall facts.

1 Answer | Asked in Uncategorized for Nebraska on
Q: No will , over3 1/2 years since death may I empty the house that has been sitting in same state as the day she passed?

Lincoln Nebraska Lancaster County. It is my brother& I and he won't respond I'm the eldest & have tried every way called contact his job ,ECT. He's well off & simply doesn't want to deal with it what can I do?

Julie Fowler
Julie Fowler answered on Aug 27, 2020

When a person dies without a will, then statutory laws apply to determine who takes the estate. You would want to contact a probate attorney for assistance.

1 Answer | Asked in Domestic Violence for Nebraska on
Q: Arrested 11 Feb 20 for domestic violence in Nebraska, Douglas county. Not been to trial yet. Has STA been vIolate?

This is my son. Trial set for around middle of Sept 2020. Has 16th amendment right to speedy trial been violated?

Julie Fowler
Julie Fowler answered on Aug 27, 2020

There are a lot of things, including certain motions filed by defense counsel, that toll or waive speedy trial, as well as some special issues related to closures due to Covid-19. You would need to have an attorney review his file to see if his rights under speedy trial were violated or not. If... Read more »

1 Answer | Asked in Child Custody for Nebraska on
Q: Where can I find the documents to complete for emergency Custody hearing.
Julie Fowler
Julie Fowler answered on Aug 27, 2020

As far as I know, there aren't any form documents for this. You would have to review the Court rules and draft these document yourself or retain an attorney to assist you.

1 Answer | Asked in Child Custody and Child Support for Nebraska on
Q: If my ex boyfriend pays 500 for 3 kids without it being through court , how do I put him on child support

I've been separated from my ex 2 years have 3 kids and he has not been there really at all and pays 500 a month for 3 kids without court order. 2 with disabilities. And currently in trouble with the law. Do I have a strong case and what do u recommend

Julie Fowler
Julie Fowler answered on Aug 27, 2020

Generally you can request child support be entered even if the parent is/was voluntarily paying child support. The amount ordered could be higher or lower than what the parent is voluntarily paying.

You can complete the online application to request child support services in Nebraska....
Read more »

1 Answer | Asked in Health Care Law for Nebraska on
Q: For the Hospital, ED or Outpatient protection ... is it wise to have patient sign the discharge instructions.

We are presently being steered away from this older practice and told that the typed in statement that "patient received discharged instructions and verbalizes understanding" is all that is necessary.

Julie Fowler
Julie Fowler answered on Aug 27, 2020

Are you the patient? Are you the hospital or medical provider?

1 Answer | Asked in Criminal Law and Adoption for Nebraska on
Q: I shoplifted and they won’t let us pay they sent us a letter using section 43-247.1 and 43-3001 what does that mean ?

I’m adopted and I do have some mental illness such as bipolar but we’re getting me meds

Julie Fowler
Julie Fowler answered on Aug 27, 2020

Are you saying that you were allegedly shoplifting and you would prefer just to pay a fine rather than go to court? Generally, you are required to appear in court when charged with shoplifting. You will want to retain an attorney prior to your first hearing or appear at the hearing and request a... Read more »

1 Answer | Asked in Child Custody for Nebraska on
Q: My ex took my son at 2 months out of state to new mexico and said he would come back, but now is saying he's not.

It's been 6 months and he's been saying our son's not coming back to Nebraska. We were never married and never established custody rights. Am I able to go get our son and bring him back to Nebraska with me?

Julie Fowler
Julie Fowler answered on Aug 27, 2020

It depends. Was paternity ever legally established with the father? Have you had any contact with your child in the last 6 months?

Generally the State where the child has been residing the last 6 months is the state that gets to decides custody when there has not previously been a custody...
Read more »

1 Answer | Asked in Domestic Violence and Family Law for Nebraska on
Q: What to do if the father of my children’s new girlfriend violates the restraining order placed against my kids for abuse

I was unaware of the violation until after it took place. My childrens father is allowing his girlfriend back around my kids after he put the restraining order on her a few weeks ago for verbal and physical abuse on the children and himself.

Julie Fowler
Julie Fowler answered on Aug 11, 2020

Violations of protection orders can be reported to law enforcement. It is a crime to violate a protection order.

1 Answer | Asked in Family Law for Nebraska on
Q: 10 yr old daughter in NE. Im in WA. Her mom wont let me see her. My name not on BC, she refuses to put my name on it.

My ex will not allow me to see our 10 yr old daughter. She was married at the time our daughter was born, but living with me. We raised her together. She didn't put my name on the Birth Certificate. Our girl was born in WA State but is now with her mom in NE. Her mother says that her... Read more »

Julie Fowler
Julie Fowler answered on Aug 11, 2020

Generally, a court isn't going to award a father any court-ordered parenting time with their child until paternity has been legally established. The statute of limitations for a private party to establish paternity is 4 years. Thus, if the child is over 4 years old and paternity has not been... Read more »

1 Answer | Asked in Child Custody and Child Support for Nebraska on
Q: In a case regarding child support what happens if the mother does not show up on the court date

establish paternity and support it’s the state versus me and my kids mother who are separated

Julie Fowler
Julie Fowler answered on Aug 11, 2020

If it is a child support action brought by the State, the Court would likely go forward with entering a child support order against the non-custodial parent even if one or both parties don't show up at the hearing.

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