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Questions Answered by Vanessa Jean Gorden
2 Answers | Asked in Family Law and Child Custody for Nebraska on
Q: What is my next step?

I have been trying to get approved to foster my disabled granddaughter since January. The state has drug this out for 5 months. I have done everything that they have recommended of me so that I could be approved. I was informed Monday that they have denied me. I have talked to two people that were... Read more »

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jun 5, 2019

If your granddaughter is involved in juvenile court and foster care, you can Motion to Intervene as a grandparent. Your best bet is to visit with an experienced juvenile law attorney. You have a right to see your home study as well, so that you can address it in Court if necessary. At the very... Read more »

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2 Answers | Asked in Divorce and Family Law for Nebraska on
Q: I realized my husband has an affair with other woman cheated before, can I sue her before my divorce?

He told me he is visiting his family in Europe but he is there with her now. Can they be arrested for a crime when they come back?

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jun 4, 2019

Adultery is not a crime, but if your spouse is using marital assets to fund a vacation with his mistress, that may affect some of the judge’s financial decisions. I am sorry to hear you are going through this difficult situation. If you want to take charge, you should consult confidentially with... Read more »

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2 Answers | Asked in Divorce for Nebraska on
Q: Rx-wife is continually in contempt of court per their parenting plan in which the judge enforced, but that judge wont

Hold her in contempt. What can I do legally?

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jun 4, 2019

The answer will depend on your specific facts and the type of violation that is occurring. It may be that you will need to consider modifying the existing plan to clean up any unclear language that is giving her leeway. Your best bet is to visit with an experienced family law attorney who knows the... Read more »

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2 Answers | Asked in Family Law and Child Custody for Nebraska on
Q: Can my child's father take my children out of state for vacation if i don't give him permission to leave state?

I have full custody

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jun 4, 2019

Unless your Parenting Plan specifically says he cannot leave a defined geographical area, he can travel freely during the confines of his scheduled parenting time. Many parenting plans include language about notifying for travel out of state, but do not require permission. However, if it is not... Read more »

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1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Does parent time mean neither the father nor mother have custody?

I got on probation a year ago, and im ordered to have it for another year. When I was on probation for 7 months I went to see my boyfriend who i was court ordered with probation not to have contact with. Things happened and i found out i was pregnant. I'm now five months pregnant and i haven't told... Read more »

Vanessa Jean Gorden
Vanessa Jean Gorden answered on May 15, 2019

Alot of the answers to your questions are going to depend on how you are otherwise doing on probation and how your child's father is doing with his. Are you drug testing and testing clean? Are you living in a safe and stable environment? Obtaining prenatal medical care? Otherwise following the... Read more »

3 Answers | Asked in Divorce for Nebraska on
Q: How do I go forward when judge has ordered it a civil case in regards to back alimony
Vanessa Jean Gorden
Vanessa Jean Gorden answered on Mar 16, 2019

All money judgment enforcements are civil actions. Your question is a bit unclear as to where you are in the process, but I would note that the process for civil or criminal contempt for nonpayment is the same. If you did not receive alimony at the time of your divorce, you can never have it... Read more »

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1 Answer | Asked in Divorce for Nebraska on
Q: If I was married in 2018 but the divorce wasn't final till 2019 do you we file our taxes together or separately
Vanessa Jean Gorden
Vanessa Jean Gorden answered on Feb 1, 2019

You have a choice for the 2018 filings because you were married the entire year. If you both agree you can file jointly and split a return (get that in writing), or you can each file as married filing separately. If your divorce decree deals with the tax issue, you must follow the court order. Best... Read more »

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Child Support for Nebraska on
Q: Can my child's father be indicted for not be present in the said childs life and be charged for child abandonment??

Child's father lives in a different state and has no part in said child's life. The only thing that connects the two is he signed the birth certificate.

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jan 19, 2019

The terms you are using ("indictment" and "charged") do not really apply to paternity and parenting situations. If father signed a Notarized Acknowledgment of Paternity, that serves as a legal basis for paternity under Nebraska law. However, more must occur in the courts for him to have the... Read more »

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2 Answers | Asked in Child Custody for Nebraska on
Q: Can a judge in Nebraska give temporary custody of children with a case in Nebraska to their father in Iowa?

There is a Nebraska decree that gave the two parents joint custody, my daughter is asking for full custody and it hasn't gone to court yet. In the mean time my ex son in law who lives in Iowa filed false allegations of child abuse against my daughters boyfriend. My ex son in law just got an... Read more »

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jan 10, 2019

Your daughter will need to hire an attorney right away to address this issue. Ex parte orders (orders issued without hearing) are very temporary in nature and can only be in place for a couple of weeks before a hearing is held where she will have the chance to provide her own information and... Read more »

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2 Answers | Asked in Child Support for Nebraska on
Q: If i file for child support and father pays half of daycare expenses, does that come out of child support amount?

His dad pays half of the daycare each month right now but only has him 13% of the time. I am curious since i filed for child support, if he will still be obligated to pay daycare as well as full child support or if daycare expense is included in child support amount. Thank you!

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jan 2, 2019

Child support is separate from daycare and medical expenses, it does not come out of the amount he will be required to pay. However, if paying child support and daycare would put the father under the poverty line, he would not be ordered to share the daycare costs. I hope this is helpful! Best!

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2 Answers | Asked in Family Law and Divorce for Nebraska on
Q: How do I have clerk take notice of Fed.R.Civ.P Rule 60 (a)?

In 2015 I made motion to set aside dissolution of marriage due to a void judgment. The opposing party didnt respond in time. Clerk entered defailt motion. Case dismissed. Now, 3 years later they are bringing me back in for Order to Show Cause. Id like it thrown out persuant FRCivP 60(a). How do I... Read more »

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Oct 29, 2018

The Federal Rules of Civil Procedure do not apply to family law cases, first of all. Each state's domestic relations statutes and court rules govern family law cases. Second, the clerk does not "take notice" - the Judge may take judicial notice of prior orders in the case where it is appropriate... Read more »

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2 Answers | Asked in Divorce for Nebraska on
Q: Should I pay the closing costs for my ex husband to refinance the home in his name?

My divorce was final in July and he was award the home which we had both agreed on. He is wanting me to pay the closing costs of refinancing and I'm unsure as to what I should do. I am not wanting to pay these costs for him, however if I do not, he states he does not have the money to refinance and... Read more »

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Oct 10, 2018

The answer lies in your Divorce Decree. If it says you are responsible to help pay those costs, you are. If it does not say that, don't do it. It's really that simple. If the Decree makes him responsible to refinance, he has an obligation to do it if it's at reasonable cost and he could be subject... Read more »

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1 Answer | Asked in Family Law for Nebraska on
Q: My mom cut me out and I was wondering if I was able to get visitation with my siblings? Im 15

They are very young and one day they saw me but never after that. I also need to know how im supposed to get my social security card and birth certificate from her as she will not hand them over to me. She has completely cut me out of her life.

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Aug 21, 2018

Technically, there is no legal right to sibling visitation unless there is a juvenile case opened where all of the children are involved. That said, a number of concerns come to mind. At 15, even if you have a job and an appropriate place to stay, being "cut out" by a parent prevents you from doing... Read more »

1 Answer | Asked in Family Law for Nebraska on
Q: I need help getting emancipated I’m 16 years old with a good paying job

I’m currently homeless with my family and my parents are blowing off there money I just need a stable home can someone please help me or help me find someone that can.

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Aug 8, 2018

Hello. If you do not have a stable home and your parents are taking advantage of money you are earning, you are unlikely to be emancipated. Emancipation is very rare and typically only available to those who are already living independently despite their minority. However, you may qualify for... Read more »

2 Answers | Asked in Child Custody for Nebraska on
Q: Ex husband who currently has physical custody of our daughter is intentionally keeping my daughter from me. He manages

her work schedule and is scheduling her almost everyday and has most recently sent a text stating he couldn't give a if I see her or not. I'm not sure what to do.

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Aug 7, 2018

Since you mention he has physical custody, it sounds as though there is a court order in effect. If you also have court-ordered parenting time, you may be able to file a contempt action against custodial father for interfering with your parenting time. If the interference is severe enough, you may... Read more »

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2 Answers | Asked in Divorce and DUI / DWI for Nebraska on
Q: How strongly will my wife's recent DUI play in a custody dispute?

My wife recently got a DUI. I am wondering if I can obtain a better custody ruling based upon that alone? I have no criminal history, and she has no other criminal history aside from this.

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jul 23, 2018

It depends. Obviously, the DUI may affect her ability to transport the children to daycare/school/activities, which would be of consideration. If she is a habitual alcohol user and your children are young, the Court may consider it. Certainly, if she had the children with her while driving under... Read more »

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1 Answer | Asked in Child Support for Nebraska on
Q: My daughter is 18 and is now living on her own and going to college why would I have to continue to pay child support?
Vanessa Jean Gorden
Vanessa Jean Gorden answered on May 17, 2018

The age of majority in Nebraska is 19 years old. Even if your daughter is attending college, legally both parents are still responsible for her until she reaches the age of majority. However, if the former custodial parent is not providing support for her, you may wish to modify your support order... Read more »

1 Answer | Asked in Child Support for Nebraska on
Q: 19 yr old son attending college and support ended. How to I get child support for him since I am still supporting him?
Vanessa Jean Gorden
Vanessa Jean Gorden answered on Apr 25, 2018

You cannot get support for your child from the other parent because he is a legal adult at the age of 19 and neither of you have any legal obligation whatsoever to support him through college. Some parents do and some don’t but it is not required by any law, with the possible exception of if you... Read more »

1 Answer | Asked in Child Custody for Nebraska on
Q: How would I go about getting custody of my daughter that lives in another state?

My daughter’s dad and I were never married and have never been to court over custody. She is almost 13 and wants to live with me because she doesn’t like the situation there. She is not doing good and they won’t get her help she needs but her dad won’t let her come live with me. I don’t... Read more »

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Mar 19, 2018

If your daughter has resided in Oklahoma for at least the past 6 months and there is no current custody order, you will need to file for custody in Oklahoma as that is the only state that has jurisdiction pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act. As such, you will need... Read more »

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