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Nebraska Child Custody Questions & Answers
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

2 Answers | Asked in Child Custody, Child Support and Family Law for Nebraska on
Q: how do i answer a complaint to modify custody
Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Mar 20, 2023

That depends. You may not believe anything needs to change and you can file a General Denial type Answer to require the moving party to prove their allegations. Or you may also want to allege a different set of material and substantial circumstances that have changed and request a different... View More

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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Native American Law for Nebraska on
Q: I want to know what I can do when it comes to a state worker that's suppose to help with a case and not doing her job

A state worker who don't do her job right and don't communicate with her client when it comes to her children. Not helping to point client the right direction in life to do better for the children.

James L. Arrasmith
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answered on Mar 16, 2023

If you are experiencing issues with a state worker who is not performing their job duties as required, there are several steps you can take:

Contact the worker's supervisor: The first step you can take is to reach out to the worker's supervisor to report the issues you are having....
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1 Answer | Asked in Family Law, Child Custody, Education Law and Military Law for Nebraska on
Q: Under what circumstances might a person still be under the legal custody of their parents at 18 years old?
Julie Fowler
Julie Fowler
answered on Jan 26, 2023

If you live in Nebraska, the age of majority is 19 years old. Thus, an 18 year in Nebraska is generally still in the legal custody of their parents. One exception to this would be if the 18 year old is legally emancipated by court order.

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: How does a court hearing go for a child that was removed from my home due to something I said to CPS in an email?

I've asked the state to step in and help me multiple times last year to try and get my mentally ill child in a facility cause I'm frustrated with trying to deal with her psychological behaviors so last week was the last straw and I emailed the hotline and told them if they don't help... View More

Julie Fowler
Julie Fowler
answered on Feb 16, 2023

The Nebraska Supreme Court has put together a number of pamphlets that help explain the juvenile court system process. It includes what the first hearing will likely be like.

https://supremecourt.nebraska.gov/programs-services/court-improvement-project/information-youth-families

1 Answer | Asked in Arbitration / Mediation Law, Child Custody and Family Law for Nebraska on
Q: I recently filed a modification of custody and was told that the next course of action is mediation.

Is it true that evidence brought up during a mediation cannot be brought up in court before a judge. Since i know my ex and i wont be able to agree during mediation.

Julie Fowler
Julie Fowler
answered on Jan 10, 2023

At trial, you can generally testify as to what the other party said to you. One exception to this is usually that comments that a person said to you as part of a formal mediation session are not allowed to be disclosed in Court.

Thus, generally yes, statements made in mediation are...
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1 Answer | Asked in Child Custody, Family Law and Landlord - Tenant for Nebraska on
Q: Can my sons father legally evict me? He keeps threatening to. I have a daughter that lives with us too.

The house is in his name, but I’ve cleaned, maintained and furnished it since he bought it (3 years ago, (we’ve been together for 6) and also have stayed home to take care of our son his life this far. Partner pays the mortgage and some utilities, I pay for and take care of everything else. He... View More

Julie Fowler
Julie Fowler
answered on Dec 30, 2022

If you don't own the property, the landlord can evict you, even if your landlord is your significant other. If you are married, the rules apply differently as you generally have marital rights to the property even if you are not on the title. The landlord would need to follow the proper... View More

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: In Nebraska how long does an order for ex parte temporary custody last?

My sons mother has a temporary custody order for my son how longdoes that temporary order last in nebraska??

Julie Fowler
Julie Fowler
answered on Dec 19, 2022

If it is an ex parte order, it generally only lasts until the hearing date that is generally set soon after the ex parte order is entered (usually within about 10 days).

If it is a temporary order in a protection order case, then it often states it lasts only a certain period of time, such...
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2 Answers | Asked in Child Custody and Family Law for Nebraska on
Q: I self filed for a complaint to Establishing Paternity, Custody, Parenting Time, and Child Support.

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.

Julie Fowler
Julie Fowler
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... View More

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2 Answers | Asked in Child Custody for Nebraska on
Q: Is a judge able to refuse to hear a contempt case I filed on my daughter's father for refusing 9 court ordered visits?
Vanessa Jean Gorden
Vanessa Jean Gorden
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... View More

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1 Answer | Asked in Child Custody for Nebraska on
Q: I have legal custody of my son his mother had a visitation with him and she refuses to return him and has left the state

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

Julie Fowler
Julie Fowler
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... View More

2 Answers | Asked in Child Custody for Nebraska on
Q: My ex wife is keeping my 12 year old son from school. What are my odds of getting custody if I go into this?

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... View More

Julie Fowler
Julie Fowler
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... View More

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1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: Can a grandparent take a custodial parent to court for visitation of her grandson?

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... View More

Julie Fowler
Julie Fowler
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....
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1 Answer | Asked in Child Custody for Nebraska on
Q: Joint legal and physical custody but ex asked for and won "final say" in regards to school district.

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... View More

Julie Fowler
Julie Fowler
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... View More

1 Answer | Asked in Child Custody for Nebraska on
Q: Can a lawyer dismiss a custody case without having the approval of their client
Julie Fowler
Julie Fowler
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.

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