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 exparte for temporary order and he lives in Iowa. There is no mention of living in Iowa in the Ex Parte order. I don't think they brought that fact to the judge.
A: Most Nebraska Decrees require a specific order to move the children out of the State of Nebraska. When an ex parte order is entered, there is a hearing set within a short period of time (generally 10 days). At that hearing, the parties present evidence (often in affidavit form, but depends on what county the case is in) and the court determines whether to keep turn the ex parte order into a temporary order or not. If a party failed to disclosed an important fact when requesting their ex parte order, the judge would likely take such into consideration at the hearing on the ex parte order.
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A:
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 concerns. However, ex parte orders are generally disfavored and the evidence provided has to suggest a serious risk of harm to the child for a judge to change custody temporarily even with a hearing. The fact that one parent lives out of state following a divorce does not change the judge's authority to place with that parent.
Best wishes to you and your family as you navigate this difficult situation.
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