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Questions Answered by Brendan Michael Kelly
1 Answer | Asked in Juvenile Law and Traffic Tickets for Nebraska on
Q: I have a court date on the 17th for a ticket can i get it pushed back a few days by asking to take it to juvenile court?
Brendan Michael Kelly
Brendan Michael Kelly answered on Jan 15, 2018

While you may be able to the first court date is generally an advisement hearing. Best to get a lawyer and have them file a motion to have the matter moved to juvenile court.

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: Can my ex move out of state with our daughter without my consent?
Brendan Michael Kelly
Brendan Michael Kelly answered on Jan 15, 2018

Yes, unless you have an existing court order she can move and take the child with her. I would suggest you contact a lawyer and get a order in place. If she moves with the child and no order, once you get jurisdiction in another state you will have to fight for your rights in the new state.

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: My ex boyfriend grabbed my daughter and took off with her. I haven’t heard from them since. Is there anything I can do?

We got into a heated argument. And he got upset and he grabbed and took off with her. I tried to get her but he elbowed me and pushed me down. In the argument there was no hitting involved just yelling. I’m afraid he may have taken her out of state.

Brendan Michael Kelly
Brendan Michael Kelly answered on Oct 13, 2017

If you were hurt when he elbowed you and pushed you you should call the police and get him arrested for assault and then you will have law enforcement help getting your child back. Otherwise without a criminal matter the police will not be involved and if he is the father of the child it is not... Read more »

1 Answer | Asked in Family Law and Animal / Dog Law for Nebraska on
Q: My question is my fiance went to our vets and told them some story and got the billing change to his name and had it

Where I couldn't pick up the pets I purchased both of them I purchased the oldest one for him but the youngest one is a female in her name is cupcake and she is mine and now he has told me that we are selling the house come to find out not only are we selling the house but he is leaving me and... Read more »

Brendan Michael Kelly
Brendan Michael Kelly answered on Aug 21, 2017

You need to get a lawyer involved to obtain the dog(s) so that he does not take them. If you have proof than you should be able to get them back. Timing is essential for getting the dog(s) back. You may also have certain rights as regards other mutual property.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for California on
Q: Is it appropiate for the judge to have the da have apt with defendent before a crininal jury trial

In california

Brendan Michael Kelly
Brendan Michael Kelly answered on Aug 21, 2017

The court will normally set a pre-trial hearing prior to the jury trial just to make sure there are no remaining issues and to insure that the proper jury instructions have been approved or submitted.

1 Answer | Asked in Family Law and Juvenile Law for Nebraska on
Q: Can I give temp.gaurdianship and custity of my kids to my mother without getting a layers involved ?

No father involved,til get my life ,financis in order ,then get them back when I can properly take there responsibilities

Brendan Michael Kelly
Brendan Michael Kelly answered on Aug 14, 2017

If you are the only parent on the birth certificate you can provide guardianship to your mother. If another parent is involved than they would have to sign off in theory. This would allow her to send the kids to school, medical needs, etc..

1 Answer | Asked in Family Law and Juvenile Law for Nebraska on
Q: My son is 19 girlfriend is 17 1/2 and they have a 3 month old son they want to leave NE and move to NC can they?

They have been living in her mother's home he can't find work and there is a job available in NC can she legally move out of state. Her mother is threatening to have the arrested if they do.

Brendan Michael Kelly
Brendan Michael Kelly answered on Aug 14, 2017

If she leaves without her parents permission they she can be in trouble. The age to be an adult in NE is 19. So the answer is Son can go, but daughter has to be get permission or wait til she is old enough.

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: If my child was taken away from the mother and not placed in my home after 3 1/2 years im still on supervised visits

Who can help me with the false accusations and the guardian at litem committed purjery and it had an effect on keeping my child away I have done everything they have asked to no avail

Brendan Michael Kelly
Brendan Michael Kelly answered on Aug 14, 2017

The best advice I can give you is to get a lawyer. The court should have awarded you custody if the child was taken from the other parent. With a lawyers help and advice you should be able to regain custody.

1 Answer | Asked in Family Law for Nebraska on
Q: If I asked for a modifcation of my child support and. Decide to dismiss the case can the other party continue it ?

The county attorney already has said the state you Not pick up the case

Brendan Michael Kelly
Brendan Michael Kelly answered on Aug 8, 2017

You could move to dismiss the action, but the other side depending on how far it progressed could move it forward. It is very easy to file a modification based upon a chance of circumstances. It is always best to talk to a lawyer to learn about the ramifications of any legal action.

1 Answer | Asked in Family Law for Nebraska on
Q: How does abandonment work in Nebraska as far as parental rights

I have a child and I have not seen or heard from the dad in 5 years. Child support stopped 14 months ago. He has also lost the rights for 2 of his other children due to meth. I am married and my husband wants to adopt how do we go about it

Brendan Michael Kelly
Brendan Michael Kelly answered on Aug 3, 2017

Sorry, but your question raises a number of issues and also concerns. It would be best for you to consult an attorney who should be able to get you the adoption you desire.

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Nebraska on
Q: How much time does a judge have to make a ruling on a supression hearing misdemeanor charge?
Brendan Michael Kelly
Brendan Michael Kelly answered on Aug 2, 2017

While there is no set time limit, unless the party is in custody delays of months would likely be acceptable. The forcing the court to rule is not an real option since it will likely result in a denial by the court. The defense cannot even appeal the ruling until the defendant has been sentenced.

1 Answer | Asked in Car Accidents, Employment Law and Traffic Tickets for Nebraska on
Q: Who is responsible for registration tags affixed 60-399 on licence plate of company vehicle driven by employee
Brendan Michael Kelly
Brendan Michael Kelly answered on Aug 2, 2017

The owner of the vehicle or the company. Any licensed driver of the vehicle would be held responsible for any violations. The company may later be subjected to civil suit for any violations they subjected an employee to.

1 Answer | Asked in DUI / DWI for Nebraska on
Q: How many officers can be present in view of genital during dui urine test, can a woman officer be present male suspect
Brendan Michael Kelly
Brendan Michael Kelly answered on Aug 2, 2017

While the regulations don't set a number only one party of the same sex should be present. More may not invalidate the test, but may lead to other litigation.

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: Using the turning lane to pass when both right lanes are blocked by a const. truck protected by a police car.

A construction vehicle was in both right lanes of the street. The two left lanes and turning lane had no vehicles in them. Is it illegal to go around the obstruction using the turn lane?

Brendan Michael Kelly
Brendan Michael Kelly answered on Jul 31, 2017

I hate to say it but it likely is illegal. I may not be if you come to a complete stop and than proceed forward, at least that would be the argument to the prosecution.

1 Answer | Asked in Adoption for Nebraska on
Q: Can my 18 year old daughter be adopted by her step father? She has been asking for a few years.

Bio dad has not attempted to see her in over 5 years. Blocked her on social media. When she did try to ask him to allow it, he refused. He does pay his $375 a month but that's about all. She has a close relationship with her step father. She wants that stability. Because she's 18, can... Read more »

Brendan Michael Kelly
Brendan Michael Kelly answered on Jul 27, 2017

In Nebraska a child is not an adult until the age of 19, but that may work to your advantage if you act prior to her becoming an adult. Get in touch with a good lawyer here on Justia and they should be able to help you.

1 Answer | Asked in Family Law, Child Custody and Child Support for Nebraska on
Q: What rights does my babys dad have?

Me and my daughters dad have never been married and he is not on the birth certificate.

He has not financially helped with any of his daughters expenses while I was pregnant till now. My daughter is 8 months old now. He only visited 6 times total for no more then 3 hours spread out in... Read more »

Brendan Michael Kelly
Brendan Michael Kelly answered on Jul 27, 2017

Both parties have full rights to a child if not court order is in place. Since he is not on the birth certificate he would have to go to court and establish paternity before the court or police would all him any rights. The advantage to you is that the he could be order to pay support. The... Read more »

1 Answer | Asked in Divorce and Child Custody for Nebraska on
Q: Can my ex keep taking me back to court just because she doesn't like who I'm with and doesn't want them around my kids.
Brendan Michael Kelly
Brendan Michael Kelly answered on Jul 27, 2017

Short answer is yes,since the standard is best interest of children. Habits, history and other problems can be shown to the court. Best to get a lawyer and seek to recover your costs as frivolous litigation.

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Can I get custody?

My ex has kept my son from me for 3.5 years. I live in Wyoming I just found out a few days ago she's been living in Nebraska for about 2years. I've also been told my son is being physically abused, I don't know what are custody is I've never been informed all I no is I pay child... Read more »

Brendan Michael Kelly
Brendan Michael Kelly answered on Jul 24, 2017

You may want to both contact CPS and a lawyer. The advantage with contacting CPS is they may be looking for a placement for the child if they have been take out of the home and as the parent you are given priority under the system in NE. Contacting a lawyer gives you a person to argue your case... Read more »

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: Custody has not been decided can my baby momma come get my kids while I'm at work
Brendan Michael Kelly
Brendan Michael Kelly answered on Jul 24, 2017

Yes, without a custody order in place either parent has full rights to do with the child as they see fit.

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: Me and my ex were never married we had three children he's not been in our children's lives very much at all aside

From child support ....He Gets cps called on me 3 times in the past 3 years (Nothing was ever found)...he admitted to Me Him and his girlfriend called ...Then him and her girl friend get married a few weeks ago ....trying to play super mom and dad ...now won't bring me my kids back can he do this!?

Brendan Michael Kelly
Brendan Michael Kelly answered on Jul 24, 2017

Get a lawyer and fight for full custody and child support.

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