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Questions Answered by Vanessa Jean Gorden
1 Answer | Asked in Family Law and Adoption for Nebraska on
Q: I was adopted and im 18. My parents kicked me out and threw away all of my belongings. Can I take it to court?

I was adopted back in 2016 of the start of the year. I am 18 now and was kicked out of my home for “not doing what’s best for me” when I had job interviews scheduled they refused to take me. I have been asking them nicely for my belongings and I learned from my little sister who lives in that... Read more »

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Oct 19, 2021

The legal age of majority is 19 years old in Nebraska, not 18 years old, and legally your parents are still responsible for you. Start with the child abuse hotline and see if NDHHS can suggest some resources for you. There is likely not a lot of recourse for your personal property unless it was... Read more »

2 Answers | Asked in Child Support, Divorce and Family Law for Nebraska on
Q: Wife and I are divorcing. She is giving me full custody. Can she waive alimony and i waive child support?

Wife and I agree on a simple, uncontested divorce. We have 3 minor children. She is granting me full legal and custodial custody, uncontested. She is leaving the state and going far away, so any joint custody will be impossible. She said that she does not want alimony because I have to raise the... Read more »

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jul 21, 2021

Yes, either party can waive alimony, and if it is waived at the time of divorce, it can never be requested again in the future. Child support is a different story. Even if it is waived initially, it can be modified to request support in the future. There are circumstances where the State will... Read more »

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2 Answers | Asked in Family Law for Nebraska on
Q: CPS is trying to get a hold of me and I'm not sure why do I need to return their phone calls
Vanessa Jean Gorden
Vanessa Jean Gorden answered on Feb 9, 2021

If you are concerned that you may be accused of something, you can request a lawyer reach out to them for you or be present when you are interviewed. If you are a parent being investigated, be aware that they may go to school or elsewhere to interview your children. You may wish to visit... Read more »

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2 Answers | Asked in Family Law and Child Custody for Nebraska on
Q: In NE, is the mother awarded temporary custody after spliting from the Childs father if they weren't married?

My best friend has a 3 year old and was never married to her father. The are no longer together but have not went to court for custody. Does she automatically get temporary custody of the child until the go in front of a judge?

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jan 5, 2021

Yes. Absent anything to the contrary, natural mom of a child born out of wedlock is considered custodial parent by Nebraska law, but there are a number of factors that may change this, such as whether paternity was established by acknowledgment of the father, whether the parents are residing... Read more »

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1 Answer | Asked in Child Custody for Nebraska on
Q: How do I get paper to file To terminate guardianship To where I could at least get it into court
Vanessa Jean Gorden
Vanessa Jean Gorden answered on Dec 28, 2020

For a minor child, you can use the Supreme Court form here:

https://supremecourt.nebraska.gov/sites/default/files/CC-16-3-2.pdf

You will have to give notice to the appropriate parties, etc.

1 Answer | Asked in Child Custody and Child Support for Nebraska on
Q: Can somebody that has guardianship keep you from your child if you pay child support
Vanessa Jean Gorden
Vanessa Jean Gorden answered on Dec 28, 2020

Child Support and Parenting Time are two separate issues. Not paying support doesn't prevent you from visiting and paying support doesn't guarantee a right to visit. Alot depends on whether the guardianship is full or partial. A guardian simply steps into the shoes of a parent and has the... Read more »

2 Answers | Asked in Child Support for Nebraska on
Q: My ex husband owes thousands in back child support. Our children are grown and I do not need the back child support.

Can I terminate back child support owed to me? If so how in Nebraska?

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Dec 16, 2020

You can execute a receipt for the amount owed which will cancel it out of the enforcement system.

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2 Answers | Asked in Adoption, Child Custody and Child Support for Nebraska on
Q: How can my partner get partial custody or temporary guardianship of my child from previous relationship?

Also will it affect the child support pending?

However, my partner have been in my childs life since she was 1.5 years old and is the father figure since. And my ex has not had any contact with myself or my child since Feb 2018. As well my ex lives in another state.

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Dec 2, 2020

From the way I read this question, you are seeking to have a partner/significant other replace the biological parent who is not involved or is only involved with child to pay support. If that's correct, here would be my answer:

1) If you are primarily concerned about what would happen...
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2 Answers | Asked in Criminal Law and Domestic Violence for Nebraska on
Q: I’m in Omaha Neb If I paid the full retainer fee for an attorney for a friend can I fire the attorney?

Or can only the client fire the attorney? Actually, I’m wanting the partial amount back due to the friend not living up to the conditions of the loan, not necessarily because of the attorney

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Oct 14, 2020

Only the client can fire the attorney and give direction to the attorney on how to represent the client. Further, from your statement here, it sounds like the attorney is performing or performed his or her duties but perhaps the client/your friend is not helping his or her own case...It would be... Read more »

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2 Answers | Asked in Child Support for Nebraska on
Q: My daughter gets Medicaid for my granddaughter and she and her boyfriend were ordered to child support court.

The judge established he should pay $350+ per month (in Nebraska). Will my daughter see any of that money or does the state take it all? Also, the amount seems very high for someone making only 11 bucks an hour. They said the judge set it according to what his "earning potential" is. Can... Read more »

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Oct 13, 2020

Yes, your daughter receives the child support directly. Earning potential means income was imputed at the level he could be reasonably expected to earn. (A parent cannot voluntarily quit a job or work for less money to avoid supporting their child/ren). If the parties reside together in the future,... Read more »

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1 Answer | Asked in Child Custody for Nebraska on
Q: Is it legal for dhhs to place a child in foster care before the Ex parte petition with the court Has even been filed.
Vanessa Jean Gorden
Vanessa Jean Gorden answered on Aug 10, 2020

Yes. Ex parte motion must meet the emergency level but it only has to be signed by the Court- not necessarily on file or public record. They only have 5 days to file a Petition following that Order and a temporary custody hearing must be held in a timely manner. If children have been removed, most... Read more »

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Nebraska on
Q: Concluding CPS Case With Childs Father (Multi-State DV Felon w/ a 3yr No Contact Order)

Hello, I am finishing up a CPS case, completed treatment, have housing, my own vehicle, clean drug tests for a year. However, my childs father is trying o force visits with our daughter since October, but has been unsuccessful this far due to trauma he inflicted on us both. He is on probation for... Read more »

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jul 22, 2020

Nebraska DHHS has a general policy that they will follow recommendations of a children's therapist with regard to visitation, but generally to suspend visitation requires a court order. You mentioned having an open case - this means you likely have a court-appointed attorney. You should talk... Read more »

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2 Answers | Asked in Family Law and Child Custody for Nebraska on
Q: My wife is keep my daughter from me claiming suicidal texts and claiming drug use. The texts were a week ago

The drug use is false as she just saw an old friend working in the garage and claims she can tell when I’m high

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jul 20, 2020

The answer to how to address this depends on whether you have a legal custody order (temporary or permanent) that provides you with parenting time. If so, then the mom is in contempt if she unilaterally decides not to send your daughter. If you are separated but no order is entered, you will want... Read more »

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2 Answers | Asked in Domestic Violence for Nebraska on
Q: Can the victim of a domestic assault refuse to take part of a deposition?
Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jul 15, 2020

No. There are very few legal reasons that would allow someone to refuse to be deposed or to testify if they have been properly noticed or subpoenaed and served. One of the guaranteed rights in legal cases is the right to confront and cross examine the witnesses. If the victim is not sure if s/he... Read more »

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2 Answers | Asked in Family Law for Nebraska on
Q: separating unmarried couple, can mother/father move out with a 3 year old child?

unmarried, been together for about 5 years, child is 3 years old.

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jul 9, 2020

Yes. There are several factors that may affect legal rights and responsibilities. First, whether natural father signed an acknowledgment of paternity at the child's birth. If so, that is legal paternity. If not, parents can only bring a private action to legally establish parentage within the... Read more »

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2 Answers | Asked in Divorce and Family Law for Nebraska on
Q: In my divorce decree, it states that my ex wife will take over our mortgage payment but my name is still on the mortgage

She’s not cooperating to have my name removed to refinance or loan assumption. We’ve been divorced since 2017. How do I go about getting my name off.

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jun 15, 2020

Remember that your divorce decree is only valid as between the two parties involved - the Court that granted your Decree cannot force a bank to remove your name or allow the ex to refinance. As a best practice, my office typically ensures we draft a provision requiring the spouse keeping a mortgage... Read more »

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1 Answer | Asked in Adoption and Child Custody for Nebraska on
Q: my cousin give me her baby and we type a paper saying that I have temp custody of her .what can I do ? to keep her
Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jun 4, 2020

First, a typed paper alone is not enough for delegated parental authority unless it is notarized and uses this form: https://supremecourt.nebraska.gov/self-help/families-children/temporary-delegation-parental-powers

Second, if the parent revokes the Temporary Delegation at any time, it is...
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2 Answers | Asked in Domestic Violence and Family Law for Nebraska on
Q: My children are being abused physically and emotionally by their mother. What are my options?

She has primary custody but neither of the kids want to live with her. They are afraid if she finds out they told me before action is taken that she will be more abusive towards them. Their grandparents can confirm what they are saying and I have several texts from the kids as well.

Vanessa Jean Gorden
Vanessa Jean Gorden answered on May 6, 2020

You should call the hotline or law enforcement to report this. You may also file for a modification of custody in order to obtain custody of your children. What the children want is a consideration, but not determinate. However, if the treatment by mom rises to the level of abuse and there is... Read more »

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1 Answer | Asked in Child Support for Nebraska on
Q: My ex-husband and I divorced July 18, 2017. And 2 kids and us live together I want to stop child support? How can i ?

We moved in November 22, 2017 and are back together as a family we both provide for our kids so I don't want him to pay child support?

Vanessa Jean Gorden
Vanessa Jean Gorden answered on May 5, 2020

If you have reconciled as a family and your ex-spouse is now providing direct support, either of you can file a Complaint to Modify and reduce the support to zero. If your intent is to remarry you can simply provide notice of that and a Motion to set aside any child support. If he has arrears... Read more »

2 Answers | Asked in Child Support for Nebraska on
Q: can two child support orders orders be issued for just one child ? For father in prison and mom who g-ma currently has

SoMy sons dad was issued child support then I never received any payments but the order still stands I went to prison for 4 1/2 yearsAnd my mom received temporary guardian because of length of my prison stay . Where then I was put on child support as well! Is this legal for two child support... Read more »

Vanessa Jean Gorden
Vanessa Jean Gorden answered on May 1, 2020

The issue is that the parents are the persons who have an obligation to financially support their child or children. Grandparents and others have no legal responsibility to provide financial support for children they did not give birth to or adopt. Both parents have an obligation to support their... Read more »

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