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Questions Answered by Brendan Michael Kelly
1 Answer | Asked in Divorce and Child Custody for Nebraska on
Q: The wife has moved out of the family home we have two kid do I have to let her in at this time and try and move the kid
Brendan Michael Kelly
Brendan Michael Kelly
answered on Jul 24, 2017

You need to file for divorce and get a custody order along with an order that she vacate the home. Joint property including children are viewed as open and accessible with out a court order in place.

1 Answer | Asked in Criminal Law for Nebraska on
Q: Hello my name is kurene I want to know how a young man two years out of high school go s to prison 4 digiting girl 19

It's been 7 years he's still in prison the girl lies because she's married not first boy to ruin there lives he's spent the last seven years for excuse the pun (finger banging an adult female) who sends a young adult to prison for that.

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

As long as it is consensual there should not be any problem. Under 16 or more than 4 years in age over 15 is illegal.

1 Answer | Asked in Internet Law, Criminal Law and International Law for Nebraska on
Q: I was told about a questioning for something i was falsely accused of. Can UK police reports be brought to the US?

Can UK police reports be sent to the US?

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

Yes, it happens all the time.

1 Answer | Asked in Civil Litigation and Criminal Law for Nebraska on
Q: My nephew was brutally assaulted by a 14 yr old in foster care. Who is responsible criminally & financially?

My nephew endured hundreds of sutures to his face neck and legs from stab wounds. He also had a metal plate placed in his jaw to repair it. This person has admitted & laughed about them doing this on Facebook & to friends. There is an investigation (small town) underway but seems to be... View More

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

Yes the state can be held accountable for the medical bills and for the action of the kid who assaulted the boy. Get a lawyer and they will be able to help.

1 Answer | Asked in Real Estate Law, Bankruptcy, Family Law and Landlord - Tenant for Nebraska on
Q: How can I take over my childhood house?

My parents owned the home but we're letting the bank foreclosure on my childhood home because of bankruptcy . So I started to make the mortgage payments to try to get it put into my name for my new home, but now the bank is talking about for taking about foreclosing on me/her (my step mother).... View More

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

You should save the payment money and approach the bank to take over the loan. Yet, the bank in not likely going to be able to talk with you about it since your not on the loan. Making payments may take your dad out of default but you won't get any credit for the property and your just helping... View More

1 Answer | Asked in Child Support for Nebraska on
Q: can i be arrested for non payment of arrears on my adult children?
Brendan Michael Kelly
Brendan Michael Kelly
answered on Jul 24, 2017

No, but it may impact your credit rating. The court can hold a party in contempt and require a payment plan to remove the contempt. The fact that the children are adults would not cause a court to have a contempt hearing.

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: My ex and I have 50 50 custody of our 6 year old.

Should he tell me if he's taking her on vacation to another state? Even if it is for a weekend.

Brendan Michael Kelly
Brendan Michael Kelly
answered on Jul 20, 2017

If the ex had the child during his 50/50 time he would be under no obligation to inform you. You question may point to a need for you to actually come up with a court approved parenting plan. Such a plan would spell out the times and what approvals are needed for notice for such trips. It may... View More

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: I have autism. New unexpected situations are difficult. I might have to appear in court how can I make it easier

I have autism. I struggle with a lot of things most of which I hide because I can control everything. I have a stupid question. I got a court appearance ticket for traffic accident. I don't know how to act in court. I do know the general idea, but not all the rules. The not knowing makes me... View More

Brendan Michael Kelly
Brendan Michael Kelly
answered on Jul 18, 2017

Get a lawyer to help. Part of a lawyers job is to help people facing trouble and doing the talking for them.

1 Answer | Asked in Family Law for Nebraska on
Q: my 17 tr old granddaughter would like to move to iowa with her friends family. i am her legal guardian. can she go ?
Brendan Michael Kelly
Brendan Michael Kelly
answered on Jul 18, 2017

As her legal guardian you would be allowed to approve it, you would still be on the hook for her until she turns 19. She will not be allowed to contract in Iowa until she turns 18, but she can reside their with your permission.

1 Answer | Asked in Divorce for Nebraska on
Q: looking for a pro bono divorce lawyer in nebraska

My husband served me with divorce papers after abandoning me and moving to Lincoln Nebraska I have been paying all of our bills we have accumulated together we are buying a property together and have a loan out for a car and another personal loan I cant afford a lawyer due to being abandoned and... View More

Brendan Michael Kelly
Brendan Michael Kelly
answered on Jul 18, 2017

You might seek self help from the state's court web site they have lots of information and forms you can use. Depending on the nature of the Divorce proceeding, you might find lawyers who will provide the necessary help but you would appear in court. Call around in your area for help from a... View More

1 Answer | Asked in Criminal Law for Nebraska on
Q: If im on probation in douglas county ne. Can i move to Bellevue ne which is in sarpy county ne?
Brendan Michael Kelly
Brendan Michael Kelly
answered on Jul 18, 2017

Yes, ask your probation officer. If they won't allow it you will have to get a lawyer to file the change of venue. Probation in Nebraska is state wide. We have had other clients move or be transferred to another office. It is fairly common in the Metro area.

1 Answer | Asked in Child Custody for Nebraska on
Q: My fiancé just found out that he has a 12 year old daughter. Her parents are fighting over custody. How do we proceed?

We want to be involved with her, but don't know what rights if any we could obtain. Do we enter as a third party and continue with paternity? Her parents are fighting for custody with drug accusations being thrown on both sides. We are very concerned about her well being.

Brendan Michael Kelly
Brendan Michael Kelly
answered on Jul 18, 2017

You should hire a lawyer and fight for custody of the child. It may be a little harder since the child has no relationship with her father, but time and good parenting with a plan solve that. Contact a good lawyer and you should be able to gain custody.

1 Answer | Asked in DUI / DWI for Nebraska on
Q: What is a public parking area? Does this include streets

it is unlawful for any person in the passenger area of a motor vehicle to possess an open alcoholic beverage container while the motor vehicle is located in a public parking area or on any highway in this state.

Brendan Michael Kelly
Brendan Michael Kelly
answered on May 16, 2017

Yes, not illegal to possess alcohol, but it cannot be opened.

1 Answer | Asked in Family Law and Criminal Law for Nebraska on
Q: My son is 16 and his girlfriend is 17. Girlfriends parents want to file a restraining order on my son so they will stop.

Can they do this?

Brendan Michael Kelly
Brendan Michael Kelly
answered on May 10, 2017

Yes if there is a valid reason showing he is a danger. I would object because it doesn't serve you are your son well to have a restraining order again you.

1 Answer | Asked in Criminal Law and Juvenile Law for Nebraska on
Q: My son is 10 and he got a ticket for trespassing and criminal mischief. Does this still in his record till his 18?
Brendan Michael Kelly
Brendan Michael Kelly
answered on May 4, 2017

It is not a conviction but what is called an adjudication. It does not remain on his criminal record once he turns an adult, which is 19 in the State of Nebraska. It can be used to aggravate any future involvement with the law until he becomes an adult.

1 Answer | Asked in Juvenile Law for Nebraska on
Q: Truancy law

My daughter is 15 has a long history of PTSD depression anxiety and panic attacks and also has went over the legal limit of missing school a few times which has put us in court well this year is highschool and her worst year for missing . At 40 days now which has put us now in truancy charge how do... View More

Brendan Michael Kelly
Brendan Michael Kelly
answered on Apr 26, 2017

To defend this you will be required show proof that the child be given some sort of medical proof of the PTSD, depression etc. This should be provided to the school to ensure they don't continue to bring you before the court. If that is not successful you should get a lawyer and provide them... View More

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: The mother of my 2 kids almost overdosed on sleeping pills they are in state custody .what are my chances at custody

The kids have lived with their mom for 4 years in that time i havent seen them at all this is in nebraska we both have been appointed a lawyer .

Brendan Michael Kelly
Brendan Michael Kelly
answered on Apr 26, 2017

Your changes are very good to get temporary custody. Since, you have not seen the kids in 4 years the court would be reluctant to give you full at this time. I would get your lawyer to help with a custody action and takes the steps at this point in time to get a custody order which you can later... View More

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: I have an old traffic case in Colorado(12 years ago)I currently reside in Nebraska and just renewed my license valid

I had an old traffic case in Colorado but just renewed Nebraska license is my license valid

Brendan Michael Kelly
Brendan Michael Kelly
answered on Apr 25, 2017

You Nebraska license is valid but you will still need to take care of the warrant so that they don't request NE revoke it based on the warrant. Contact a lawyer in Colorado to clear up the warrant and you should be good to go.

1 Answer | Asked in Adoption, Family Law and Child Support for Nebraska on
Q: My Son is 2b adopted by his SF. Got paper 2 sign in mail. Signing away rights is all thats mentioned? Still pay CS?

Since the papers only included my rights and mentioned nothing about my parental responsibilities in the paperwork does that mean I will still be responsible to pay future child support even after he is adopted? What happens to any back child support?

Brendan Michael Kelly
Brendan Michael Kelly
answered on Apr 25, 2017

You will have to pay child support until the adoption is completed. You may also have to pay a $65 fee plus pay for service to get the CS stopped. You will continue to owe the back child support. My suggestion is you work with an attorney to help you and negotiate the terms so some of the prior... View More

1 Answer | Asked in DUI / DWI and Civil Rights for Nebraska on
Q: In the 12 steps of a dre cop ... the 12th step is done by dre? What if male dre has a female cop give ua to M/suspect?
Brendan Michael Kelly
Brendan Michael Kelly
answered on Apr 17, 2017

There are many more steps to a DRE than 12. Not likely to be valid test for a female cop to perform a UA on a male.

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