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Nebraska Family Law Questions & Answers
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 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
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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

0 Answers | Asked in Family Law, Domestic Violence and Small Claims for Nebraska on
Q: Is it legal to record a conversation with a dhhs/cps worker in a cps building that I am a party to?

CFS failed to follow up with me in a case involving my sister and kids where their was recorded evidence of physical abuse from parent to children and physical and sexual abuse between the children which were living with me and I called the hotline and explained that the case worker was sick and... 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

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1 Answer | Asked in Adoption and Family Law for Nebraska on
Q: I paid an attorney for my husband to adopt my grandson, who I have custody of in 2019 and still do not have the papers.

I have custody of my grandson and in 2019 I paid a lawyer over $500 for my husband to adopt him. The lawyer guaranteed me that we would be in front of the judge before adoption month, November 2019. We have not been in front of a judge, have not received any papers , we haven't even talked to... View More

Julie Fowler
Julie Fowler
answered on Sep 10, 2024

Most adoption cases are wrapped up within a number of months. Even cases that go to trial and go up on appeal are generally resolved in a matter of years. Thus, something isn't adding up if you hired an attorney in 2019 and the adoption case isn't finalized by now.

If you are...
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1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: If a child’s parents are not together and the custodial parent passes away , does the non custodial parent receive child

If the custodial parent passed away and a temporary guardianship is given to a family member, does the non custodial parent have rights to receive custody of their child?

Julie Fowler
Julie Fowler
answered on Sep 3, 2024

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

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: I need help getting my grand parents rights

I was seeing my grand daughter just about every day now I can’t see her because my daughter won’t let me because she is mad

Julie Fowler
Julie Fowler
answered on Sep 3, 2024

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...
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1 Answer | Asked in Family Law for Nebraska on
Q: if an adult son charges mom with allegations of child abuse, th e n what happens.
Julie Fowler
Julie Fowler
answered on Sep 3, 2024

If a person is charged with child abuse, they will be entitled to court-appointed counsel if they can't afford their own attorney. Their name also is placed on the Nebraska child abuse registry. A person can be charged with child abuse for a child that is now an adult if there are still... View More

1 Answer | Asked in Family Law for Nebraska on
Q: How can I transfer a family case from Florida to Nebraska and vacate judgement until details of case are heard in NE?

I am employed overseas and need assistance in a transfer of jurisdiction of case from Florida to Nebraska (where the children currently reside). At the time of getting served with a notification of a Motion or suite filed against me in Florida, I was in Texas with the children over Thanksgiving.... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Aug 29, 2024

The originating Court retains exclusive and continuing jurisdiction unless the case is moved, which requires a number of steps. The originating court (which I understand to be Florida from the facts stated here) would be the proper court to file in unless or until the matter is moved. To move the... View More

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Ex hasn't seen kids in 10 years and moves out of state can i change visitation. I have full physical and legal custody.

My ex has asked to give up rights and tells everyone that the kids are not his. They don't even know who he is. I am worried if he ever does come around that it will cause a lot of harm to the kids because he is basically a stranger. He currently has a protection order on him from his recent... View More

Julie Fowler
Julie Fowler
answered on Jun 12, 2024

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

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law 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

1 Answer | Asked in Child Support, Divorce and Family Law for Nebraska on
Q: If you are divorced and court ordered to pay child support but the ex-spouse and child still live in home,do u hav 2 pay
Julie Fowler
Julie Fowler
answered on May 9, 2024

The other parent and child moving into the home is not an automatic ground to terminate the child support order. However, assuming this is a material change since the Decree was entered, you may have good grounds to ask the Court to terminate the child support due to the direct support being... View More

2 Answers | Asked in Child Support and Family Law for Nebraska on
Q: Child support office says I pay full amount of support for final month even if my daughter turns 19 on may16th
Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Apr 4, 2024

That is correct. Child support in Nebraska is due in full and owed on the 1st of each calendar month and it is paid by the month and not pro-rated. Just as children are minor dependents for tax purposes in the year they turn 19 whether they turn 19 in January or December, support is owed for the... View More

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1 Answer | Asked in Family Law for Nebraska on
Q: What can I do to get my child a passport if the mother is refusing to sign the required documentation?
Julie Fowler
Julie Fowler
answered on Apr 4, 2024

It depends on what the custody order says. Who has legal custody? If you have legal custody, you may be able to complete the application without the other parent's participation. Depending on what your court order says, you may also likely be able to file a motion to compel the other party... View More

1 Answer | Asked in Criminal Law and Family Law for Nebraska on
Q: How does one prove sobriety in a courtroom when sweat drug patches are showing positive for drugs that one is not using

Every other weekly test is showing positive results for drugs I am not using. I do not understand the “cut off levels” in the results. My understanding is that this said level is very “low”….could someone please elaborate on these levels and possibly explain how much is supposedly still... View More

Julie Fowler
Julie Fowler
answered on Mar 24, 2024

The manufactures of these products often have details as to how their patch works, in detail, on their website. This includes regarding some of the science behind it. You can also read cases that challenged the use of some of these products. For one example, including cases, see:... View More

1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: I was divorced in 2021 & son is 18 & lives on his own. My ex continues to harrass me. Can I block him on my phone?

I know my son is covered under the custody/parenting plan until he turns 19. My ex has my email - does he have to have access to me via phone? Neither of our kids will speak to him (emotional abuse situation). But now he's harassing me about things that have no bearing as to the kids. I... View More

Julie Fowler
Julie Fowler
answered on Mar 20, 2024

Maybe. It depends on what your order states and somewhat on the history of the case. If your order allows it, then you can probably block him on your phone and let him know that you are only communicating via e-mail at this time. If he isn't asking about questions relating to the child,... 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 Estate Planning, Family Law and Elder Law for Nebraska on
Q: How can I find out if a person has a power of attorney?

My grandmother is in the beginning stages of dementia and she doesn’t know if she has a will or if she has power of attorney and she doesn’t know where any of her legal documents are at.

Anthony M. Avery
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answered on Mar 8, 2024

If she wants you to be her attorney in fact, then get a NE attorney to draft a Durable POA for her to execute. She can even record the POA saying it revokes any other prior POAs out there. But you will be a fiduciary for her best interests, not your own.

1 Answer | Asked in Contracts and Family Law for Nebraska on
Q: I am a guardian doing DS-11 and I don't know how to fill parental information

Both parents are dead

Julie Fowler
Julie Fowler
answered on Mar 14, 2024

If you are the legal guardian and need help applying for the child's passport, you can call the number of the State Department's website to see if they can help you with your question regarding the form. You may need to be prepared to be placed on hold for a long time, but you should be... View More

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