Kearney, NE asked in Child Support and Family Law for Nebraska

Q: Chances of judge starting parenting plan after 13 years of being divorced just because Of modification of child suppor

Been divorced 13 years after receiving child support modification papers defend it now wants modification of degree to get visitation of 15and 17-year-old sons whom both attend school and work and don’t want to go with defendant whom live in Omaha every other weekend .younger child defendant doesn’t want nothing to do with them and has adHD and wants to make child take his meds when the 15-year-old only takes Meds for school if I hire lawyer would I get attorney fees reimburse

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

A: Even when a parent has gone a long period of time without seeing their children, the Court will often grant parenting time if requested. It is common for a judge to start with counseling first. For example, the judge would order family reunification therapy where the parent and child first meet with each other in a counseling session and then the parent's involvement and parenting time is often guided by the therapist's recommendations. If a child is older and resisting the parenting time, the therapist may recommend quite a few counseling sessions before the child and absent parent start to meet outside therapy sessions. This often shows the sincerity of the parent in wanting parenting time or if the request for time was really just due to being upset about being asked to provide more support.

As children get closer to the age of majority, the court often gives their preference a lot of weight as to how much parenting time they would like with the other parent. For a parent that has been absent for a very long period of time and a child close to the age of majority, the Court may decide ordering parenting time is not in the child's best interests, especially if the therapist is recommending the same.

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