Get free answers to your Family Law legal questions from lawyers in your area.
What can I do to prevent this from happening?
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
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?
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.
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
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
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
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
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
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?
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
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
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
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
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... View More
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?
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
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
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... View More
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.