Asked in Child Custody and Family Law for Nebraska

Q: Please expand on “ No Juridiction” recently my grand sons where taken into state custody.

And the courts claims no justification as they are from Nebraska. What are some of my options. My daughter is willing to give me custody if needed. I am able to care and provide for them if need be.

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

A: A court has to have jurisdiction to go forward with a court case. Sometimes when children are involved, there needs to be a determination as to which state gets to decide the custody and/or placement issues. There are specific rules as to how courts determine which state gets to hear the case when the children have recently resided in more than one state. Which rules apply depend on what type of custody issues are pending.

Generally, once the State takes custody of children, the parent has now lost the ability to make decisions, such as who the children live with. Thus, the parent can no longer decide to give custody to relative once the State has removed the children. It is now up to the State and the Court to determine appropriate placement of the children unless and until the Court decides the children should return to their parent(s).

You would need to consult with an attorney directly about what may be your options to try to intervene in the case the State has brought against the parent.

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