Am I able to self file to ask the judge for a temporary parenting plan? As my ex spouse has completely cut me out of our daughter's life and I'd like to have time with her during the proceedings.
answered on Nov 3, 2022
If it is an original action (not a modification of a prior order), then the Court will normally allow the parties to set the case for a temporary hearing. You are not required to have an attorney to assist you with a custody case. However, you are still held to the same court rules and procedures... Read more »
answered on Oct 24, 2022
For contempt, the Judge must first determine the threshold question of whether the facts as stated in the Application or Motion for Contempt or Order to Show Cause would make a prima facie case for contempt. If so s/he will sign the Order. If not, s/he will decline to sign the Order. If the Order... Read more »
I called the cops and they say it's a civil matter even though I have legal custody of my son we've been through Court
answered on Jun 11, 2022
There are a number of options here depending on the specific circumstances of your case. Law enforcement is sometimes the last resort. Sometimes law enforcement won't assist without a further court order. Depending on the circumstances, you may need to get an order stating that law... Read more »
She works at the same school he attends and she either keeps him home when she doesn't want to go to work or when she does go she takes him out 2-3 hours early when she leaves. I've talked to the assistant principal and she told me she's talked with my ex wife, but she gets the... Read more »
answered on Apr 6, 2022
A child's education is one of the major factors that the judge considers when determining custody or a change in custody. The Court will likely take a big picture approach. If the child is struggling academically and is missing a lot of class for unexcused reasons, then the Court could use... Read more »
I have full custody of my son, and his mother only has visitation rights at my discretion, and the maternal grandmother wants visitation. My son was molested while in the care of his mother, and his mother was and is an alcoholic in an abusive relationship with a history of DV. My son’s... Read more »
answered on Mar 31, 2022
A grandparent can file for visitation rights in Nebraska if they meet specific criteria. Whether the Court will grant visitation rights or not depends on the overall facts of the case and whether the grandparent meets the criteria.
The set of statutes on this starts at Neb. Rev. Stat.... Read more »
But he now thinks he is allowed to sign up our 3 year old for Montessori preschool 5 days a week all the way across town and at $150 a week. I currently work from home and all of my parenting time with my son is spent with him. I have been lucky enough to be able to be at home throughout my... Read more »
answered on Mar 30, 2022
This answer to your question depends on the specific wording of your Order and the specific circumstances of your case. Did the Judge know this was the dispute when the Judge granted the father "final say"? If so, the answer to your question may be much different than if this was... Read more »
answered on Mar 17, 2022
That would be very unusual, but it might be okay in special circumstances. For example, filed in the wrong court without jurisdiction, etc.
Will it be more beneficial for him to go to court and establish a custody agreement? Is there a chance he could receive full custody if he has a full time job/place to live/clean record?
answered on Jan 7, 2022
Generally, the State of Nebraska initiates child support actions if a parent seeks state benefits and no support is in place. Once that case is opened, if there is no custody/parenting time order and he would like to have one, he will want to make sure the mother is added as a party and file an... Read more »
In 2018 I my childs dad took me to court for more time with out son, he also wanted child support modified at that time too. We agreed on a parenting plan that gave him a few extra days and week on/off in the summer. I was at a place in my life where I didn't need the full amount of child... Read more »
answered on Jan 6, 2022
Maybe, depending on whether there is a material and substantial change in circumstances that would result in support going up or down by more than 10%, including a change in incomes, expenses for the child, etc. You will want to visit with an attorney about your specific facts on this though as the... Read more »
And the courts claims no justification as they are from Nebraska. What are some of my options. My daughter is willing to give me custody if needed. I am able to care and provide for them if need be.
answered on Jan 6, 2022
A court has to have jurisdiction to go forward with a court case. Sometimes when children are involved, there needs to be a determination as to which state gets to decide the custody and/or placement issues. There are specific rules as to how courts determine which state gets to hear the case... Read more »
Father is telling 4 year old daughter that he's going to keep her and she'll never see her mom again.
answered on Nov 12, 2021
If you believe a child is being abused or neglected in Nebraska, then you have a legal duty to report the abuse to the Nebraska child abuse hotline. In Nebraska, everyone is a mandatory reporter.
If the parents don't agree on how much time, if any, the child should spend with either... Read more »
In my case , instead of State , the plaintiff ( bio dad) has brought a paternity suite in his own capacity using NE statute 43-1411. The children were born during marriage of my wife and myself. We do not have any divorce decree entered. 43-1411 allows state/alleged father/mother to file paternity... Read more »
answered on Sep 22, 2021
When a child is born during the marriage, there is a marital presumption that the child born during the marriage is a child of the marriage. If the parties remain married, they could object to a third party trying to establish paternity and argue that the marital presumption prevents the third... Read more »
I’m January I signed temporary guardianship of my two kids to my mom while I checked myself in to a rehab. I can’t for certain remember what the paper said but I do recall my name being spelled wrong completely. Would that even hold in court? I never received a copy of the document nor did I... Read more »
answered on Aug 19, 2021
It depends on what you signed in the court action and what type of court action it self.
If you signed a consent to guardianship or similar court papers, then you would need to file a court action to terminate the guardianship or ask in the court action for specific parenting time if the... Read more »
He doesn’t want to go back he has an older sister 14 who who this guy punched and their mother doesn’t care for because she chooses partner over kids
answered on Aug 19, 2021
If you believe a child in Nebraska is being abused or neglected, then you have a duty to report such to the Nebraska Child Abuse Hotline. Everyone is a mandatory reporter in Nebraska.
If you want to ask the Court to enter or change a custody order or parenting time, then you would need to... Read more »
the state dept of cps in Nebraska is wrong for removing my children based off of a lie which I can prove it to be such with many forms of proof. Please help im helpless my kids are suffering if facts were revealed they had no reason for removal upon several.otjer issues at hand
answered on Jun 18, 2021
When a child is removed from a parent due to allegations of abuse or neglect, the parent will be appointed an attorney at the first hearing if they can't afford counsel. If you can't afford an attorney, you should request an attorney appointed and then speak with the attorney about your... Read more »
they were removed from my care based on lies stated from a officer which I have solid proof that accusations were untrue. The state took emergency custody based off of this lie of a statement. How do I stand up for myself?
answered on Jun 18, 2021
When a child is removed from a parent due to allegations of abuse or neglect, the parent will be appointed an attorney at the first hearing if they can't afford counsel. If you can't afford an attorney, you should request an attorney appointed and then speak with the attorney about your... Read more »
answered on May 12, 2021
If you are asking to change custody and for the other parent to pay you child support, you likely need to file a complaint to modify. The filing of the complaint to modify begins a modification action where you can ask the Court to change custody and order the other party to provide support.
answered on May 12, 2021
In order to change a current custody order, you generally need to file a complaint to modify to start a modification action. If both parties are in agreement, you may be able to follow this up with submitting a stipulated modification order to change the order to the new terms that both parties... Read more »
She has been in Hawaii for 12 yrs and very seldom gets to come back home. She is in a battle for full custody so she and the girls can move back with family. but they are asking her to do the unreasonable. Such as secure a high paying job, secure a home, make sure the schools have a high rating,... Read more »
answered on May 12, 2021
If her case is in Hawaii, she would need to consult with an attorney in Hawaii for what you can do to help improve the odds of winning her case.
answered on Mar 15, 2021
You are not entitled to a court-appointed attorney to help you with a child custody case. Unless the action being brought against you involves the potential of jail time (such as to defend against a contempt action within the child custody case) or the removal of the children from your home by a... Read more »
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