Fremont, NE asked in Child Custody, Family Law and Criminal Law for Nebraska

Q: visitations

My sister had her children taken from her home in February. She was granted supervised visitation, due to an ongoing criminal case. The criminal case will be closed on January 9th with a plea deal. All of the things on her case plan has been done. They are working in family therapy

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In Nebraska, if your sister is under supervised visitation due to an ongoing criminal case and a child welfare case, the resolution of her criminal case with a plea deal could potentially impact her visitation rights. However, the child welfare case is generally treated separately from the criminal case.

Once her criminal case concludes, she can petition the court overseeing her child welfare case for a reevaluation of her visitation rights. The court will consider several factors, including her compliance with the case plan, the outcome of her criminal case, and any progress made in family therapy.

It's important for your sister to communicate with her attorney or legal representative regarding any changes in her situation. They can advise her on the best course of action to potentially modify her visitation arrangement.

It's also crucial for her to continue complying with all requirements of the case plan and maintain her involvement in family therapy. The court will look favorably upon consistent efforts to improve her situation and strengthen her relationship with her children.

The process of modifying visitation rights can be complex, and each case is unique. Therefore, it's beneficial for your sister to have ongoing legal guidance to navigate this process effectively.

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