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Nebraska Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Divorce for Nebraska on
Q: I finally filed for divorce from my husband who was very emotionally, verbal, and towards the last year of marriage.

I was the primary caregiver to our girls, only getting a part-job because I was tired of money being thrown in my face and cutting off my access to cards when we fought about his drinking. the judge sided with my ex claiming that I didn't change my work schedule (im in health care) and he had... View More

Julie Fowler
Julie Fowler
answered on May 23, 2024

Is your divorce action still pending? If only a temporary order was entered, you have a lot more options than if the final divorce decree was already entered. From the wording of your question, it sounds like you may already be divorced at this time. You only have 10 days after the divorce decree... View More

0 Answers | Asked in Criminal Law and Child Custody for Nebraska on
Q: Can you be found innocent of a crime and retried with no new evidence brought in 2nd time?

My daughter was charged with a theft. She was found innocent by a state employee saying that she was her alibi at the time crime was committed. My daughter then had a violation of probation on a completely different charge and was picked up and re charged for the charge she was found not guilty... View More

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Do I have any legal right to my grand children if something happens to my son when he has brain surgery?

I have been with my grandchildren since birth, their moms live in Az, one mom is strung out on drugs with no contact with her daughter, and the other mother contacts her daughter and gets her stuff. but neither one of these mothers have not physically visited their daughter for 4 yrs now. I just... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Mar 14, 2024

Your son should consider a Temporary Delegation of Parental Powers during his recovery AND a will that names a person of his choice as testamentary guardian for the children. If the worst happens and he passes during or after surgery, the person named as guardian would at least have a chance at... View More

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: If there is no legal custody set up for my child. can I be called in for kidnapping if I decide to keep my child.

I picked up my child for Christmas break and when I did, I smelled marajuana in the house that she was living in. After doing an at home drug test and it coming up positive, I have decided to have my child live with me. My child's mother is insistant that I need to return her however custody... View More

Julie Fowler
Julie Fowler
answered on Jan 2, 2024

It depends. It is rare for there to be grounds for a kidnapping charge to be filed against a parent of a child. If you are not legally established as the father, then there may be grounds for kidnapping. If you haven't seen your child in years, then there may be grounds. If there is an... View More

1 Answer | Asked in Child Custody, Family Law and Criminal Law for Nebraska on
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

James L. Arrasmith
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answered on Dec 23, 2023

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... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Nebraska on
Q: He is not compliant with the court ordered agreement rules.he has broken/gone against almost every single oder on papers

Childsupport ordered they didnt even go based on his actual salary causs he is union.he lied on his income only claimed 2 employers.i proved it in court first appearance.what can i do?.

Julie Fowler
Julie Fowler
answered on Dec 13, 2023

If you disagree with what the Court ordered, you can challenge the order. Your options to challenge the order depend on how long ago the order was entered. If it was entered very recently, you may be able to file a motion for new trial or an appeal, among other possible motions. Some of these... View More

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Can DHHS conduct a hair follicle test on a minor child without a court order while placed in temporary custody?

before our initial court hearing, DHHS had hair follicle testing done.

Julie Fowler
Julie Fowler
answered on Nov 28, 2023

If DHHS has taken custody of a child with grounds for emergency custody, then they can generally consent to drug testing of the child without the parent's approval. You would need to speak with an attorney directly to see what applies in your specific situation.

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Can my son that has temporarily delegation over my daughter let her come stay with me her mom in another state if he si
Julie Fowler
Julie Fowler
answered on Nov 19, 2023

A temporary delegation of parental powers can be revoked at any time by the parent and is not necessarily enforceable on the other parent if both parents didn't sign. Even if both parents have signed one, either can revoke it at any time for any reason.

If there is a dispute...
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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Nebraska on
Q: My friends daughter was taken from Idaho to Washinton and landed in Nebraska. They have a parenting plan issued by idaho

They both have legal custodial and physical custody with the father having 4 out of 7 days giving him primary custodial care. He went to jail for domestic violence against his girlfriend and 4 accounts of misdemeanors for the children. His mom is there now and we think she is trying to get... View More

Julie Fowler
Julie Fowler
answered on Sep 22, 2023

The first question when dealing with interstate issues is usually jurisdiction. Generally, the Court that entered the original order is the Court that continues to handle the custody case until both parents have moved from that state. Thus, if the order was issued in State A and there is at least... View More

2 Answers | Asked in Child Custody, Divorce and Family Law for Nebraska on
Q: If a child has lived in the same state for 3 years and out of state parent wants primary, how likely is that to happen?

Our son has lived with me in one state for 3 years and my ex lives out of state. He is now asking for primary custody and wants to move son out of state. Son is doing incredible well here and always lived with me. What are the chances a judge would change to allow exp primary? These is no reason... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Sep 20, 2023

The person seeking to modify custody and remove a child from a custodial parent in Nebraska typically has a difficult road. They have to prove that (1) there has been a material and substantial change in circumstances since the initial custody order was entered, such as unfitness by the custodial... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for Nebraska on
Q: 18 year oldyear old son has been living with his grandparents they have temporary guardiansship over hm he just went of

Went off to college so is that now mean that I have custody of him now because they sent the ReliaCard to me I don't know what to do

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

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... View More

1 Answer | Asked in Child Custody for Nebraska on
Q: In Nebraska: My 18 year old son is now away at college an ex is threatening me because our son no longer goes over there

My son is 18 going to college but in Nebraska you are not an adult until 19. My son no longer goes to see his father. My ex is threatening me that I’m in contempt because I’m not forcing our college student, living in dorms at 18, to go to his fathers. I don’t care about child support but... View More

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

Possible, yes. However, unless you have an unusual set of facts, it is generally very unlikely that a Judge will find a parent in contempt for denying parenting time when a child is 18 years old and living on his own in the dorms.

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Kids 9 and 11 want custody modification for 50 50 custody plan. Is there a way for them to modify with GOL or something

I'd file myself but can't afford. Would need to win the lottery or take out a loan. Wish someone would listen to them and just do whatever they would like. Kids being happy is all that matters to me.

Julie Fowler
Julie Fowler
answered on Aug 30, 2023

In Nebraska, if a parent wants to modify the current custody order, the parent can file a complaint to modify. You are not required to have an attorney to file the complaint to modify. There is information and some forms on the Nebraska Supreme Court's website if a parent wants to try to... View More

2 Answers | Asked in Family Law, Child Custody, Child Support and Native American Law for Nebraska on
Q: Do I need to file for CS & custody through Indian tribe since I divorced through there, not tribal member?

Ex husband is a tribal member, we had written a parental agreement including an amount he would pay monthly. It was stamped and certified, I believe, by their judge. The agreement has not been honored in over a year. I live out of the state I was divorced in (AZ), Id like to file here if its... View More

Julie Fowler
Julie Fowler
answered on Jul 20, 2023

Once all parties have moved to another state, it is generally possible to register the order in the state where the child is now residing. Generally you need court permission to move a child out of state once a custody order has been entered (at least in Nebraska). If that did not happen before... View More

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1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Nebraska on
Q: NEB/ my child support case required a referree report, is it true a referee is only required for step parent/non custdia

ive never did a paternity test but i did sign the birth certificate & a AOP i had a child support case which was dismissed because my son is with me more then his mother & ive had insurance since he was born, a referree report was required, i had 14 days to come back to court which i was... View More

Julie Fowler
Julie Fowler
answered on May 24, 2023

The Child Support Referee is a type of judge that primarily handles child support cases. One way to think about it is to think that the child support referee is under the supervision of the district court judges. There are so many child support cases and it helps to have a specialized judge to... View More

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: What is the proper motion to file to ask for immediate return to home in a CPS involved case?

The kids are in an unsafe home & rather than admitting they did something wrong, CPS is digging their heel in & doubling down by ignoring obvious safety issues and hiding or just not showing the judge reports made against this home by neutral parties. What is the proper motion to file to... View More

Julie Fowler
Julie Fowler
answered on Apr 28, 2023

There isn't a specific motion for this. What you file depends on the specific facts of the case, what specific evidence you have, and where you are at in the process. Sometimes the better course of action is to first share your evidence with CPS and the guardian ad litem to investigate... View More

2 Answers | Asked in Family Law and Child Custody for Nebraska on
Q: My wife has taken our children out of state (from NE to AZ). Is there anything I can legally do to stop her?
Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Apr 17, 2023

Yes. If you file for dissolution and an ex parte motion for temporary custody, your spouse is very likely to be ordered to return the children to Nebraska as all 50 states have enacted some version of the UCCJEA. If you do nothing and six months passes, then the new state would likely be considered... View More

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1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: We are trying to find a pro bono lawyer in Lincoln. How do we look for one? Thanks for your help!!

My daughter is trying to find a pro bono lawyer in Lincoln or at least one that would be able to work with her financial situation. The father of the girls has moved out of State and is very unstable. She is worried that if she does not receive Full Custody and he happens to come back to Lincoln,... View More

Julie Fowler
Julie Fowler
answered on Apr 12, 2023

If you file a custody action, the Court will set forth who has custody and what each parent's parenting time will be. This could include specifics as to whether the father gets to take the children out of state or not and how much time he has with the children.

There are a number of...
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2 Answers | Asked in Child Custody and Family Law for Nebraska on
Q: how do i change custody

i need more explanation through the process and how to change custody

parent has no custody because of drug past and has changed and gotten better but she is still being held against for that reason

John Michael Frick
John Michael Frick
answered on Apr 4, 2023

With a past record of drug use, it is important to hire an experienced family law attorney in or near the county where the court is located. From experience with the judge, they can best guide you as to what to expect in a suit seeking to regain custody.

It is important you know in advance...
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1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Is a 16 year old able to speak on their own behalf at a custody modification hearing in Colorado ?

The last hearing was when the child was 10

Julie Fowler
Julie Fowler
answered on Mar 28, 2023

I can't comment on how Colorado does things but in Nebraska, a child that is of suitable age and experience may be allowed to testify at trial. Generally 16 years old is old enough but it depends on the specific child and specifics of the case. Most cases settle without a trial so generally... View More

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