Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Julie Fowler
1 Answer | Asked in Family Law for Nebraska on
Q: PLEASE ANYONE WITH INFORMATION ABOUT FILING FOR A FOREIGN JUDGMENT IN THE STATE OF NEBRASKA? HOW CAN I FIND THE FORM?
Julie Fowler
Julie Fowler
answered on Oct 30, 2023

As far as I know, there isn't a form for this. This is something that you would have to draft on your own or hire an attorney to draft for you. If you are looking to register a custody order in the State of Nebraska, Nebraska Rev. Statute Section 43-1252 has some information regarding the... View More

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: My apartment manager doesn't like me cuz I complained about a neighbor that was harassing me what can I do in Nebraska

The neighbor a mean old lady has been hassing me I complained to my manager at the apartment but she said she's lived here 5 yrs and she doesn't believe me I sent her an email she did nothing then when I went to office to complain she basically said I was a liar well Friday my package was... View More

Julie Fowler
Julie Fowler
answered on Oct 27, 2023

Legal Aid of Nebraska put together a handbook to help tenants better understand their rights. Some of the info may now be out of date, but this may be a good place for you to start.

https://www.legalaidofnebraska.org/wp-content/uploads/2021/09/2021-LLT-Handbook-1.pdf

1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: Hi, I got divorce in 2009. I owed half a duplex. Ex owes other. He lives other half with a friend guy. The friend pays t

The friend pays taxes for property for rent. I thought it was in his name. Its in ex's name. do I need to be concern?

Julie Fowler
Julie Fowler
answered on Oct 10, 2023

How does the Decree state to divide the property? It would be unusual, but possible, for the parties to remain owners of the property post-Decree without a plan to separate the real estate. However, usually your divorce decree will state either that the property is sold and proceeds divided in... View More

1 Answer | Asked in Family Law for Nebraska on
Q: Regarding grandparents rights. I live in California and the grandkids are in Nebraska. Where do I start?

Do I contact an attorney in California or Nebraska? And can I do this from California.? Also is it an expensive process? I just miss my granddaughters so I need help.

Julie Fowler
Julie Fowler
answered on Oct 3, 2023

Generally the action is filed in the county where the children are residing, assuming that they live in the county that has jurisdiction over them (which is likely). You generally contact an attorney that is licensed where you want/need to file the court action. It is usually filed by filing a... View More

1 Answer | Asked in Family Law for Nebraska on
Q: Is there such a thing as grandparents rights? My daughter moved from California to Nebraska and won’t let me talk to the

Grand kids and I am very close to the oldest because I practically raised her the first 6 years. We used to face time every night then it just stopped and my daughter won’t tell me why. It’s hurting me and I’m sure my grand daughter. Can I take her to court for visitation and phone contact?

Julie Fowler
Julie Fowler
answered on Oct 3, 2023

Yes, we do have a cause of action for grandparent visitation rights in Nebraska. One factor is the strength of the relationship between the child and grandparent. Thus, you don't want to go too long without consistent contact with the grandchild or the Court may become less likely to grant... View More

2 Answers | Asked in Divorce and Family Law for Nebraska on
Q: Nebraska.Owned home got married sold home purchased new home with all the money I made on sale.New home has only my name

I am getting divorce do I have to split. I bought home during marriage but all the house was paid for with my home sale.

Julie Fowler
Julie Fowler
answered on Oct 3, 2023

Generally, property that was purchased in the marriage is marital. However, if a pre-marital asset or pre-marital funds were used to purchase the property during the marriage, then that part of the property may be a pre-marital asset. The burden is on the spouse arguing that the asset is... View More

View More Answers

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Nebraska on
Q: My friends daughter was taken from Idaho to Washinton and landed in Nebraska. They have a parenting plan issued by idaho

They both have legal custodial and physical custody with the father having 4 out of 7 days giving him primary custodial care. He went to jail for domestic violence against his girlfriend and 4 accounts of misdemeanors for the children. His mom is there now and we think she is trying to get... View More

Julie Fowler
Julie Fowler
answered on Sep 22, 2023

The first question when dealing with interstate issues is usually jurisdiction. Generally, the Court that entered the original order is the Court that continues to handle the custody case until both parents have moved from that state. Thus, if the order was issued in State A and there is at least... View More

2 Answers | Asked in Child Custody, Divorce and Family Law for Nebraska on
Q: If a child has lived in the same state for 3 years and out of state parent wants primary, how likely is that to happen?

Our son has lived with me in one state for 3 years and my ex lives out of state. He is now asking for primary custody and wants to move son out of state. Son is doing incredible well here and always lived with me. What are the chances a judge would change to allow exp primary? These is no reason... View More

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

The parent would have to prove that there is a material change in circumstances and that it is in the minor child's best interests to change custody. Generally, if a child is doing incredibly well, then the parent asking to change custody to move out-of-state may have an uphill battle to... View More

View More Answers

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: My apartment towed my car without telling me. It "was on a line". This sounds illegal. And I could've lost my job.

The towing company is costing me $232.25. This is unacceptable. Can I sue and reclaim my property?

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

You could try and you might be successful. You could challenge whether it was on the line or not. However, if a Court believes that your vehicle was parked in such a way that it was taking up two parking spots, then it would be unlikely that the Court would order the landlord to repay you for the... View More

1 Answer | Asked in Criminal Law for Nebraska on
Q: Can the judge proceed if a defendant doesn't understand the charges read to him/her?
Julie Fowler
Julie Fowler
answered on Sep 20, 2023

Yes, on some things, the judge can move forward on a criminal case even if the defendant does not understand. For example, if a party says they don't understand the charge, the Court can appoint a public defender to help the person understand the charges. If the person is believed to be... View More

1 Answer | Asked in Landlord - Tenant and Contracts for Nebraska on
Q: Ex landlord is trying to charge $2,000 and seized entire deposit.

So I moved out of my apartment with my brother and provided more than ample written notice with my landlord per they require. They accepted the notice and we vacated the apartment. We paid our rent and specifically stated in our move out notice that if we move out prior to the end of the month we... View More

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

You generally can't hold someone's mail because you believe that person owes you money. Tampering with someone's mail sent via USPS can come with stiff consequences under federal law. If you believe someone is holding or opening your mail illegally, you may want to contact your... View More

1 Answer | Asked in Small Claims for Nebraska on
Q: What is their legal recourse? Can they get any money from him for exposure to elements or cost of fixing it has gone up

My parents have a classic car that mechanic was supposed to work on in his free time with parts my dad supplied. That was 8 years ago!!!!!! Now the car is in this jokers home drive way in the elements!!! My parents are afraid what they owe him. I say, "NOTHING!!!!

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

If the parties had an agreement to perform work for compensation, then they have a contract. If one party (or both parties) believes the other party failed in performing their side of the contract, then they can file a court action for breach of contract. Depending on the specific circumstances,... View More

2 Answers | Asked in Family Law for Nebraska on
Q: So my 18 year old son just went off to college.my parents have guardianship over him I don't know how long they have

Guardianship for the bank sent me over the reliant card with a child support on it I'm not sure what to do so is he now and my custody

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

If you want to terminate the guardianship and the child is still a minor under Nebraska law, then you need to file an action with the Court to ask to terminate the guardianship. If no party is objecting, then the Court may be likely enter an order to terminate the guardianship case and thus... View More

View More Answers

1 Answer | Asked in Child Custody, Child Support and Family Law for Nebraska on
Q: 18 year oldyear old son has been living with his grandparents they have temporary guardiansship over hm he just went of

Went off to college so is that now mean that I have custody of him now because they sent the ReliaCard to me I don't know what to do

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

If you want to terminate the guardianship and the child is still a minor under Nebraska law, then you need to file an action with the Court to ask to terminate the guardianship. If no party is objecting, then the Court may be likely enter an order to terminate the guardianship case and thus... View More

2 Answers | Asked in Criminal Law for Nebraska on
Q: Should my appointed attorney step down from my case if he was the witness/confidential informants lawyer in a past case?
Julie Fowler
Julie Fowler
answered on Sep 20, 2023

Not necessarily. There are ethic rules that require an attorney to withdraw in certain situations, such as if there is a conflict of interest. Some conflicts are no-brainers. For example, you can't draft a contract for one party and then be hired by the opposing party later in a breach of... View More

View More Answers

2 Answers | Asked in Criminal Law for Nebraska on
Q: What if they are facing multiple felonies but the lawyer doesn't want to look up any facts or find evidence.
Julie Fowler
Julie Fowler
answered on Sep 20, 2023

I generally agree with the other attorney.

Also, if you are not happy with the legal services you are currently receiving, it may be time to hire a different attorney.

Keep in mind that the court action includes a discovery process. It is possible that the attorney is waiting to...
View More

View More Answers

2 Answers | Asked in Traffic Tickets for Nebraska on
Q: If you get a ticket and have to go to court are you already charged or not until court
Julie Fowler
Julie Fowler
answered on Sep 20, 2023

I agree with the other attorney.

However, your citation doesn't receive a court case number until the prosecutor actually files the charge with the court. In the Omaha-area, the prosecutors often don't file the court case until a couple of days prior to the hearing date. On a...
View More

View More Answers

2 Answers | Asked in Family Law and Child Support for Nebraska on
Q: terminate child support, joined the millitary.

How do I fill out the affidavit to obtain termination of child support. He joined the military, and his mother has agreed to terminate the support. I only have 4 boxes to check, he died, he got married, he's 19, and the child has been emancipated by court order form ______. None of these fit... View More

Julie Fowler
Julie Fowler
answered on Aug 31, 2023

You aren't required to use a specific form to make this request. Many of the forms available on the court's website do allow you to handwrite changes to match your situation. That may be a possibilty here if your court will accept it with a handwritten change. If they won't and... View More

View More Answers

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: I an having a parking dispute with a resident but management is not willing to do anything. We are allowed 2 parking

The resident in question takes up 3 spaces,only giving me one . I missed a family event because I had no parking for them what can I do?

Julie Fowler
Julie Fowler
answered on Aug 30, 2023

If you have a right to two parking spaces as part of your rental agreement, then you may need to pursue the issue further with your landlord if you are not receiving the value of your rental agreement due to the continued use of your space by another tenant. What your rights are depend in part of... View More

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Kids 9 and 11 want custody modification for 50 50 custody plan. Is there a way for them to modify with GOL or something

I'd file myself but can't afford. Would need to win the lottery or take out a loan. Wish someone would listen to them and just do whatever they would like. Kids being happy is all that matters to me.

Julie Fowler
Julie Fowler
answered on Aug 30, 2023

In Nebraska, if a parent wants to modify the current custody order, the parent can file a complaint to modify. You are not required to have an attorney to file the complaint to modify. There is information and some forms on the Nebraska Supreme Court's website if a parent wants to try to... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.