Asked in Family Law for Nebraska

Q: So my 18 year old son just went off to college.my parents have guardianship over him I don't know how long they have

Guardianship for the bank sent me over the reliant card with a child support on it I'm not sure what to do so is he now and my custody

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2 Lawyer Answers
Julie Fowler
Julie Fowler
Answered
  • Omaha, NE
  • Licensed in Nebraska

A: If you want to terminate the guardianship and the child is still a minor under Nebraska law, then you need to file an action with the Court to ask to terminate the guardianship. If no party is objecting, then the Court may be likely enter an order to terminate the guardianship case and thus restore custody to the parents.

Receiving a reliacard doesn't change a court order. If you believe you received a reliacard or other payment that you may not be entitled to, you should call the sender and also not use funds if you are concerned they are not legally yours.

Vanessa Jean Gorden
Vanessa Jean Gorden
Answered
  • Lincoln, NE
  • Licensed in Nebraska

A: You will want to use the Nebraska.gov/Justice system to pull the public records of guardianship to see if it is still in place or has been terminated (this will cost a nominal fee). Your best bet is to visit with an attorney familiar with custody and guardianship to advise you on next steps. If your child has established residency in another state at 18 years s/he may be a legal adult under that state's laws, for example.

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