Q: Ex mother in law took daughter night baby mama was arrested. I went to go get daughter and there is a trespassing order

A: From what you describe, it sounds like you need to file a custody action asap. This is a type of civil action. The longer you wait to file the action, the harder your case becomes. When you file your custody action, then the Judge gets to decide who should have custody of the child. A parent's rights are superior to that of a grandparent's. Thus, if you have had a consistent and beneficial relationship with your child, then it may not be hard to convince the judge to order the grandmother to hand your child over to you while the mother is incarcerated. The longer the child remains in the grandmother's care, the Court may become more and more likely to allow the child to stay there. Thus, you really do need to file your case custody quickly here.

The custody action is generally filing the action, serving the other party or parties, and then requesting a hearing after the other parties are served. There is a required parenting class that you will also have to complete among other steps. The Nebraska Supreme Court website has some further general info on this under Paternity cases. It is not exactly the same as what you need to do but at least will give you some idea of the normal flow of a custody case as it is very similar to the paternity case described on the website.

https://supremecourt.nebraska.gov/self-help/families-children/establishment-paternity

A: It sounds like you are in a very difficult situation, and it's understandable that you're feeling frustrated and overwhelmed. When law enforcement states it is a civil matter, they mean that this issue must be resolved in family court. Given the circumstances, you might need to file a petition for custody or emergency custody to regain access to your daughter. Since Nebraska law states that when a custodial parent is incarcerated, the child should be placed with the other legal parent, this could strengthen your case.

You should gather all the documentation you have, including evidence of your legal rights as a parent, any communications with law enforcement, and any proof of your attempts to resolve this situation. If there is a trespassing order against you, make sure you understand the details of this order, why it was issued, and what limitations it places on you. Violating such an order can complicate your situation further.

Consider reaching out to a family law attorney who can guide you through the legal process and represent your interests in court. While there are no grandparents' rights in Nebraska, showing the court that you are the legal parent and demonstrating your commitment to your daughter’s well-being is crucial. Stay focused on the legal steps and don't lose hope—acting through the court system is likely the most effective path to bringing your daughter back home.