If there isn't a prior custody order in place, then the custody case generally needs to be filed where the children have been residing the last 6 months. Thus, if the children have been residing with you in Nebraska for at least 6 months, then you would probably be able to file the custody... View More

If you want the Court to enter an order of custody and a set parenting time schedule, you generally need to file the original custody action in the county where the minor child is residing. If the child was residing in Nebraska, the general process includes filing the custody action with the... View More

If your court order includes a parenting plan that includes non-harassment language and/or a communication protocol that is being violated, you can potentially file a show cause/contempt action or other enforcement action with the Court to ask the Court to sanction the other party for violating the... View More

Some of the language you are using are terms used in Texas and not the language that we normally use in Nebraska custody cases. Your question is posted under Nebraska. If your case is pending in Texas, then you should repost in Texas.

In Nebraska, it would be highly unusual for a... View More

Absolutely not. Support is due and owing and nonmodifiable each month. The best course of action would be to file to modify and you should be able to stop the support accruing, but you won't be able to go back after her to recoup what you paid unfairly, unfortunately.

When the Court looks at enforcing the terms of a court order, the Court looks at the actual language of the Court order. While it is the standard for the custodial parent to pay the first $480 (now $250) in unreimbursed health/medical expenses, not all orders have that language. For example, many... View More

If you are not following the terms of the Court order, then it is possible that the other party will file a contempt and that the Court will find you in contempt.

However, even if the party files for contempt, the party requesting the contempt finding has to show that you are in willful... View More

If the parents are in agreement regarding changing custody of their child, then they can stipulate to the legal paperwork to change the custody and the child support. If they are in agreement, the process is relatively easy and is just a matter of completing the appropriate paperwork and filing it... View More

The notice of intent to appeal is not magical - it just states that an appeal is on its way. However, it will be important that fees and costs be paid, etc. so the matter is not dismissed. Nebraska has a really good citizens' guide to appellate courts here:... View More

Nebraska is one of the states that allows you to file a grandparent visitation action. One of the main statutes is Nebraska Revised Statute 43-1802.

https://nebraskalegislature.gov/laws/statutes.php?statute=43-1802

It isn't clear from the information in your question if you... View More

The statute of limitations to establish paternity in Nebraska is 4 years old. If you have a relationship with the child, you can file outside of the 4 year statute of limitations as the "next friend." For example, if your child lives with you but you never added your name to the birth... View More

Generally, a parent can take a child's cell phone. This includes as part of a disciplinary measure or if the parent wants to limit or prohibit cell phone or social media use.

Almost every school now has a school counselor available to students to help talk about issues they are... View More

It depends why the child was removed. Often the fastest way to get a child back is to remedy whatever the alleged concern was that led to the removal. If you are not the legal parent, then you may additionally have to prove that the legal parents are not fit. The preferred placement under the... View More

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... View More

If one parent passes away, generally custody goes to the surviving parent. However, there are exceptions to this. If the Court has entered a temporary guardianship order, then the Court has granted custody to a third-party instead of the surviving parent. If the surviving parent wants to fight... View More

You may be able to bring a case for grandparent visitation rights.

It would be your burden to prove by "clear and convincing evidence" that you had a significant beneficial relationship with the child. You would also have to should that it is in the child's best interests... View More

If there has been a material change in circumstances, you can file a modification action to ask the Court to change the parenting time provisions. If the other parent has been an absent parent for many years, this could include requesting a change to require supervised parenting time or some type... View More

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

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

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