Gretna, NE asked in Child Custody for Nebraska

Q: Best way to go about getting full custody

I left town . Neither of us have custody by he is facing a lot of legal trouble and has serious mental health issues , including attempting suicide .

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1 Lawyer Answer
Julie Fowler
Julie Fowler
Answered
  • Divorce Lawyer
  • Omaha, NE
  • Licensed in Nebraska

A: In order to obtain a court order granting you custody, you have to file a custody action. If the father's paternity has legally been established (generally by being married to the mother, previous court order, or by having signed a notarized acknowledgment of paternity to have his name included on the birth certificate), then the father's rights are generally equal to the mother's unless and until a court order states otherwise. If no legal paternity has been established, then the mother has sole legal custody by default unless and until paternity is legally established. A lawsuit for custody is generally filed in the county where the child is residing, even if the child moved to the county a relatively short time ago. An exception to that is if the child has moved to a new state in the last 6 months. If the child has moved out of state within the last 6 months, the custody action may need to be filed in the state the child was previously residing. You should consult with an attorney about your case directly to see if these general principles apply to the specific facts of your case. Now may be a good time to file your case. There may also be a procedural advantage to wait, depending on the facts of your case.

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