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If the custodial parent passed away and a temporary guardianship is given to a family member, does the non custodial parent have rights to receive custody of their child?
answered on Sep 3, 2024
If one parent passes away, generally custody goes to the surviving parent. However, there are exceptions to this. If the Court has entered a temporary guardianship order, then the Court has granted custody to a third-party instead of the surviving parent. If the surviving parent wants to fight... View More
answered on Sep 3, 2024
If a person is charged with child abuse, they will be entitled to court-appointed counsel if they can't afford their own attorney. Their name also is placed on the Nebraska child abuse registry. A person can be charged with child abuse for a child that is now an adult if there are still... View More
answered on Sep 3, 2024
It sounds like you are referring to a HELOC or a cash-out refinancing. These "mortgage-type" documents states who is liable to the bank to repay the loan. It doesn't state who is owed the money from the HELOC or cash-out refinancing. Who is entitled to the money depends in part on... View More
answered on Jun 12, 2024
If a friend borrowed money from you (to make bail or otherwise) and did not pay it back as promised, you can potentially bring an action against them to force them to follow the terms of your agreement.
If the dollar amount is lower, you can potentially bring the action in Small Claims... View More
My ex has asked to give up rights and tells everyone that the kids are not his. They don't even know who he is. I am worried if he ever does come around that it will cause a lot of harm to the kids because he is basically a stranger. He currently has a protection order on him from his recent... View More
answered on Jun 12, 2024
If there has been a material change in circumstances, you can file a modification action to ask the Court to change the parenting time provisions. If the other parent has been an absent parent for many years, this could include requesting a change to require supervised parenting time or some type... View More
I was the primary caregiver to our girls, only getting a part-job because I was tired of money being thrown in my face and cutting off my access to cards when we fought about his drinking. the judge sided with my ex claiming that I didn't change my work schedule (im in health care) and he had... View More
answered on May 23, 2024
Is your divorce action still pending? If only a temporary order was entered, you have a lot more options than if the final divorce decree was already entered. From the wording of your question, it sounds like you may already be divorced at this time. You only have 10 days after the divorce decree... View More
answered on May 23, 2024
It depends on why the County Attorney is denying the request. See Nebraska Revised Statute Section 29-820 for some examples of when the firearms are required to be destroyed under Nebraska law once no longer needed as a part of evidence in a criminal case. If such is the case, you don't have... View More
It came out of a joint account, my husband wants the money back, can he take her to small claims court if she doesn't pay it?
answered on May 9, 2024
Legally, a loan must be repaid. Legally, you can be required to pay back a gift. If there is a question as to what it was, a judge can decide whether it was a loan or a gift and whether it needs to be paid back or not.
It's to a tractor and the filing cabinet was sold to me (as is)
answered on May 9, 2024
Sometimes important documents get misplaced. Generally losing your title to a vehicle doesn't mean the person that finds the title now gets your vehicle. The person listed on the title of the vehicle is very likely still the legal title holder.
answered on May 9, 2024
The other parent and child moving into the home is not an automatic ground to terminate the child support order. However, assuming this is a material change since the Decree was entered, you may have good grounds to ask the Court to terminate the child support due to the direct support being... View More
If we agree ti 250 k over 14 yrs. 0% interest. Now some lawyer is saying we have to be charged interest? Is this correct
answered on Apr 4, 2024
It is almost unheard of for a person to not pay interest on a mortgage. While I'm not aware of any law that requires a person to charge interest, you may run into unintended consequences if you don't. For example, tax repercussions, gift tax repercussions, estate issues, etc. depending... View More
answered on Apr 4, 2024
It depends on what the custody order says. Who has legal custody? If you have legal custody, you may be able to complete the application without the other parent's participation. Depending on what your court order says, you may also likely be able to file a motion to compel the other party... View More
Every other weekly test is showing positive results for drugs I am not using. I do not understand the “cut off levels” in the results. My understanding is that this said level is very “low”….could someone please elaborate on these levels and possibly explain how much is supposedly still... View More
answered on Mar 24, 2024
The manufactures of these products often have details as to how their patch works, in detail, on their website. This includes regarding some of the science behind it. You can also read cases that challenged the use of some of these products. For one example, including cases, see:... View More
I know my son is covered under the custody/parenting plan until he turns 19. My ex has my email - does he have to have access to me via phone? Neither of our kids will speak to him (emotional abuse situation). But now he's harassing me about things that have no bearing as to the kids. I... View More
answered on Mar 20, 2024
Maybe. It depends on what your order states and somewhat on the history of the case. If your order allows it, then you can probably block him on your phone and let him know that you are only communicating via e-mail at this time. If he isn't asking about questions relating to the child,... View More
Is it possible for me to receive a ticket without knowing it? I just received a notice of suspension says in the mail and it says I received a citation on 11/22/23, but this is the first that I've heard of it?! I just went back through and checked all of my mail receipts and I have never... View More
answered on Mar 14, 2024
You can look up online to see if your license is suspended in Nebraska:
https://www.nebraska.gov/dmv/reinstatements/client.cgi
If your license does show as suspended and you still don't know why, go to the DMV and ask.
If your license isn't truly suspended, it is... View More
Both parents are dead
answered on Mar 14, 2024
If you are the legal guardian and need help applying for the child's passport, you can call the number of the State Department's website to see if they can help you with your question regarding the form. You may need to be prepared to be placed on hold for a long time, but you should be... View More
He still had a loan on the truck and said he’d pay it off with the money I gave him and send the title in the mail. It’s been 30 days and still nothing I haven’t been able to reach him the past week.
answered on Feb 19, 2024
If you had a contract regarding purchase of a vehicle and the other party is not fulfilling their part, you may need to bring a breach of contract action against the other party if unable to resolve on your own. If the dollar amount is low enough, you could bring the action in Small Claims Court.... View More
Shouldn't that person be arrested just for leaving?
answered on Feb 19, 2024
If you believe you have information that may be helpful to law enforcement for an open investigation, you can contact that agency's non-emergency line. A detective will contact you back if they are seeking the information you have to share.
Why law enforcement acted or didn't... View More
answered on Feb 19, 2024
Filing a show cause/contempt action may be the way to go. This action is used to ask the Court to enforce the Order and to sanction the other party for not following the Court order. Whether this is the way to go or not depends on the specifics of your situation. Depending on what the issue is,... View More
answered on Feb 14, 2024
Having a case pending for a certain crime does not give you immunity if you continue to commit the crime until the court date. In fact, if you obtain a second ticket for driving with expired plates while the first case is pending, the prosecutor is likely to push for a stronger punishment if you... View More
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