Ask a Question

Get free answers to your Family Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Nebraska Family Law Questions & Answers
3 Answers | Asked in Family Law for Nebraska on
Q: Can my parents take my phone at 15 if they purchased it?

I am 15 years old, and my parents take away my phone, which they purchased, whenever they argue. Is this something they are allowed to do?

Julie Fowler
Julie Fowler
answered on Apr 17, 2025

Yes, your parents can take away your phone, even if you disagree with their logic behind it.

View More Answers

3 Answers | Asked in Divorce, Child Custody, Child Support and Family Law for Nebraska on
Q: Is my ex responsible for the first $480 of medical expenses based on a non-modified agreement?

I was divorced in 2017, and my ex got primary custody of the kids. He took me back to court for more child support and to claim both kids on taxes in 2021. During this agreement, we agreed that he would pay for the first $480 of non-covered medical expenses and then we would both pay 50/50 after... View More

Julie Fowler
Julie Fowler
answered on Apr 14, 2025

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

View More Answers

2 Answers | Asked in Child Custody, Child Support, Family Law and Adoption for Nebraska on
Q: Can refusing my ex's visitation request lead to contempt of court given years of non-contact?

I have a custody order from Nebraska that gives my ex 4 weeks in the summer, 4 days for holidays, and allows FaceTime every day. They haven't seen my child in 4 years or spoken to them in 2. Initially, I was granted a relocation order to move out of state, but I am returning soon. I have sole... View More

Julie Fowler
Julie Fowler
answered on Apr 11, 2025

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

View More Answers

2 Answers | Asked in Child Custody, Child Support and Family Law for Nebraska on
Q: How can I change custody to live with my father?

I am 16 and currently living with my mother who has custody of me. My father, who pays child support, is willing and able to have me live with him. I feel more respected by my father and want to live with him because my mother often calls me names and body shames me, which affects my self-esteem.... View More

Julie Fowler
Julie Fowler
answered on Apr 5, 2025

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

View More Answers

2 Answers | Asked in Family Law and Military Law for Nebraska on
Q: How to stop military retirement pay after ex-spouse's death if daughter withholds death certificate?

I have been providing a portion of my military retirement pay to my ex-spouse as part of a QDRO. However, my ex-spouse has recently passed away, and I am unable to stop the payments to Defense Finance Service because my daughter, who has the death certificate, refuses to provide it to me. I've... View More

Julie Fowler
Julie Fowler
answered on Mar 27, 2025

You can request a copy of the death certificate directly from Nebraska Vital Statistics. They may be able to provide if you can show a legitimate need. Contact Nebraska Vital Statistics at 402-471-2871. If your QDRO states that benefits end upon death of the spouse, then a certified copy of your... View More

View More Answers

2 Answers | Asked in Divorce, Domestic Violence and Family Law for Nebraska on
Q: Seeking a divorce from husband in jail for domestic violence. No kids, property, or joint accounts.

I have been married for almost 13 years, but I'm seeking a divorce from my husband who is currently in jail for domestic violence. We have no children, property, or joint bank accounts. Both of us are on disability. How should I go about getting a divorce in this situation?

Julie Fowler
Julie Fowler
answered on Mar 27, 2025

If you can afford an attorney, you should retain an attorney to assist you. If that isn't an option for you, you can apply for pro bono services to obtain assistance of an attorney for free if you meet the income eligibility and similar requirements. For example, you may want to try... View More

View More Answers

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: How can I establish grandparents' rights to see my granddaughter in Nebraska?

I would like to know about my grandparents' rights to see my granddaughter. Currently, her father has custody, and my daughter, the child's mother, suffers from mental illness. Previously, I had my granddaughter with me three days a week, but since the father filed an emergency ex parte... View More

Julie Fowler
Julie Fowler
answered on Mar 8, 2025

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

2 Answers | Asked in Family Law and Real Estate Law for Nebraska on
Q: Rights to $100,000 pre-marital equity in new house division?

I owned a home in Nebraska before marriage, where we lived after getting married. We later moved to another home. I purchased the initial home for $200,000, and at the time of marriage, its assessed value was $250,000, with a remaining mortgage of $150,000. There was no prenuptial agreement, and... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Feb 15, 2025

Well, it depends. Did your spouse contribute to increasing the home value? Pay for renovations? Did marital money (any income earned by either spouse in marriage) get spent to increase value or pay on mortgage? What is the total monies in marital estate and money available to both sides? Are there... View More

View More Answers

2 Answers | Asked in Child Support and Family Law for Nebraska on
Q: My kids are 37 and 31 yrs old. My question is, is it at all possible to have my child support terminated?
Julie Fowler
Julie Fowler
answered on Jan 27, 2025

Child support generally terminates when a child reaches the age of majority. In Nebraska, the child support ends when a child turns 19 years old. If you did not make the child support payments timely when the children were minors, you will still owe the back child support, including the... View More

View More Answers

2 Answers | Asked in Family Law for Nebraska on
Q: What does it cost to get legal custody of a mentally challenged person in garden county Oshkosh Ne?
Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Jan 21, 2025

Your best bet to get this question answered would be to schedule a confidential consultation with an attorney who regularly handles guardianship in the location in question. How much a court case costs depends on a number of factors, including whether anyone is likely to contest the matter;... View More

View More Answers

1 Answer | Asked in Family Law for Nebraska on
Q: I being wrong fully accused of touching my step daughter
Julie Fowler
Julie Fowler
answered on Jan 20, 2025

You should contact a criminal defense attorney. They can review the allegations with you and help you best build your case to defend against the allegations.

If you also now facing a divorce case with your wife, you should also contact a divorce attorney. Allegations of abuse can affect...
View More

1 Answer | Asked in Family Law for Nebraska on
Q: Can you force a minor to file a restraining order

My girlfriend’s mom is trying to force my girlfriend to file a protection order against me because I snuck over to her house with my girlfriend’s consent. We are both minors. I don’t know if she can do this especially because I did nothing wrong.

Julie Fowler
Julie Fowler
answered on Jan 20, 2025

A parent can generally file for a protection order on behalf of their child. The child doesn't have to consent to the parent filing on their behalf. The Court can grant the protection order over the child's objection if the Court believes that the protection order is in the child's... View More

2 Answers | Asked in Child Custody and Family Law for Nebraska on
Q: How does father of a child, who didn’t sign the birth certificate, establish paternity even though it’s been 5 years?

The mother has been elusive and blocked the fathers every attempt to pay child support, see the child, and the father lives In California while the mother is in Nebraska

Julie Fowler
Julie Fowler
answered on Nov 18, 2024

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

View More Answers

1 Answer | Asked in Adoption, Child Custody and Family Law for Nebraska on
Q: I am a 16 year old adopted child my mom keeps taking my phone that she doesn’t not pay for nor she bought.

What can I do to prevent this from happening?

Julie Fowler
Julie Fowler
answered on Oct 31, 2024

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

1 Answer | Asked in Estate Planning and Family Law for Nebraska on
Q: Conservativeship of an adult

A family member keeps falling for scams and has given almost all of his retirement money away to fraudsters. Can you become a conservator for someone who is constantly giving money away to fraudsters?

Julie Fowler
Julie Fowler
answered on Oct 12, 2024

You may want to get in contact with Adult Protective Services.

If the person is no longer legally competent, you can file an action for a guardianship or conservatorship to establish someone as their legal guardian or conservator.

1 Answer | Asked in Family Law for Nebraska on
Q: Can someone file ex parte under false alligations? The father filed and took the baby from my daughter. Baby now in harm

Harms way. Family are alcoholics, assaulted my daughter with baby in arms , brother shot girl friend in head and they all live there and baby sleeps on floor now lawyers want 300 consultation and 5000 detainer can’t afford it

Julie Fowler
Julie Fowler
answered on Oct 10, 2024

When an ex parte order is granted, the Court gives you an opportunity to show your evidence and refute their evidence relatively quickly. Technically the hearing must be set within 10 days of the ex parte order being granted. You will need to present your evidence at that hearing to provide proof... View More

1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: Does my ex have a say in who I choose for childcare?

My ex is refusing to pay his half of the nanny’s hourly rate (market rate) because he says it’s too expensive.

Other items of note:

Custody is Joint legal and Sole Physical

Ex lives overseas and visits are infrequent - He does not use most of the agreed parenting time... View More

Julie Fowler
Julie Fowler
answered on Oct 9, 2024

If there is joint legal custody, then both parties have some say. Most orders include language about making sure the child care is reasonable and necessary. Thus, you generally don't have to choose the cheapest child case but you also can't choose a child care that costs what is beyond... View More

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Cps took my granddaughter and placed her in harms way. What can I do to get her back ASAP?
Julie Fowler
Julie Fowler
answered on Oct 10, 2024

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

1 Answer | Asked in Family Law and Immigration Law for Nebraska on
Q: Wanting to move back to Germany. I have legal guardianship of adult bio daughter. Can I move her with me?

Medical, financial… would be set up in advance. She’s wanting to move as well. What steps do I need to take to make this happen?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 29, 2024

Moving to Germany with your adult daughter under legal guardianship is possible, but there are several steps you need to follow. First, ensure that her legal guardianship documents are translated and recognized in Germany, as each country has different regulations regarding guardianship of adults.... View More

2 Answers | Asked in Civil Litigation, Family Law, Child Custody and Civil Rights for Nebraska on
Q: Ex mother in law took daughter night baby mama was arrested. I went to go get daughter and there is a trespassing order

August 31st baby mama was arrested for multiple charges. My ex mother in law took my daughter. I haven't seen my daughter in 4 months. Ever since baby mama went to jail I've been trying everything and anything. Law enforcement is no help what so ever. All they tell me is that it's a... View More

Julie Fowler
Julie Fowler
answered on Sep 10, 2024

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

View More Answers

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.