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... View 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... View More
answered on Aug 19, 2021
A good place to start looking for advice is a counselor or Boys Town. Boys Town National Hotline (1-800-448-3000). Often these are the type of professionals that can best help in these situations. If you are looking to get the child placed outside of the home, there are legal options but are... View 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... View More
Wife and I agree on a simple, uncontested divorce. We have 3 minor children. She is granting me full legal and custodial custody, uncontested. She is leaving the state and going far away, so any joint custody will be impossible. She said that she does not want alimony because I have to raise the... View More
answered on Jul 21, 2021
Yes, either party can waive alimony, and if it is waived at the time of divorce, it can never be requested again in the future. Child support is a different story. Even if it is waived initially, it can be modified to request support in the future. There are circumstances where the State will... View 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... View 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... View More
My child support case hasnt been reviewed in many years. If its reviewed, is there a chance of owing retroactive support?
answered on Jun 18, 2021
There is a chance, although probably very unlikely. The earliest a child support modification becomes effective is generally the month after the action to increase child support was filed. This can be later if the party wasn't served the same month the case was filed. You also aren't... View More
I lost my job and haven’t paid child support since June. I will, however get caught up. But my ex is not allowing me to even communicate with my child via text or phone call. If I can’t reach my child I am to call her boyfriend who then determines wether or not my wanting to speak or text with... View More
answered on Mar 10, 2021
The Court doesn't tie child support and parenting time. If you file a contempt action, the Court can sanction the other party for denying parenting time due to non-payment of support.
Keep in mind, that the Court can also sanction you for not paying child support if the other party... View More
My sister suffers from sever mental and her soon to be ex husband has mental health issues and feeds into her the kids are 6 and 11 both have mental health as well. She has been bring men around, the 11 year old home alone, failing school, sever anxiety, she is treated like an adult. The youngest... View More
answered on Mar 2, 2021
If you believe children are being abused or neglected, you need to report this to their local authorities. If found to be true, this may result in the children being removed from the home. It could also cause the family to start receiving services that could be helpful to get them to a healthier... View More
My daughters were staying with my mom in Nebraska, while I was in the process of moving from Texas to another State. I was staying w/ a friend while finding a place to live & getting my youngest signed up for preschool. I signed for my mom to have temporary guardianship of my older daughter, so... View More
answered on Mar 2, 2021
If you are going to represent yourself at a contested guardianship hearing, you need to start spending a lot of time reading the rules, the statutes, and the case law to make yourself very familiar with both the procedural and the other rules involved. If any attorney quoted you $8,000 to handle... View More
We are relocating day after high school gradation in May. Child turns 18 middle of June. Child support ends 18 or graduation in CA whichever comes 1st. We are relocating day after graduation. Can I file in Nebraska right when we get there for another child support order since Nebraska child... View More
answered on Feb 23, 2021
When you register an out-of-state child support order in Nebraska, some rules from the original state still apply. This includes the "duration of the child support order." This means that the age of majority that automatically terminates child support from the original state still... View More
Is it worth my money (we are kinda poor, I'm disabled) to hire and pay for an attorney in lieu of using the free court appointed attorney? Asking because she's nice but not motivated at all, probably overworked. My caseworker has done ZERO since removing my kids. I thought I read Federal... View More
answered on Feb 23, 2021
Majority of court-appointed attorneys are very good. They often handle a lot of cases so they know what the judges find persuasive. Some may have large caseloads and may struggle to give each file as much attention as they otherwise would like. Sometimes you do get better results with hiring a... View More
answered on Feb 9, 2021
If you are concerned that you may be accused of something, you can request a lawyer reach out to them for you or be present when you are interviewed. If you are a parent being investigated, be aware that they may go to school or elsewhere to interview your children. You may wish to visit... View More
the parenting plan was made when she was 7 yrs old, and states that her mom is to get her every tuesday and thursday but 6 years ago she moved 45 miles away and does not get her on those day's but does take her every other weekend and her holiday's. Her being 17 she has a job
and... View More
answered on Feb 9, 2021
Unless you reach an agreement with the other party, you are required to follow the court order. If a teenage child has only two weeks in the summer with an out-of-town parent, it would be common for the teenager to take off work for those two weeks to visit their other parent. If that... View More
I was convicted of two misdemeanors and am currently a part of a voluntary, non court case with DHHS. They have implemented a family safety plan signed by all parties that my ex husband is not adhering to so I’m not seeing my kids. I was promised unsupervised visits by my DHHS caseworker but now... View More
answered on Feb 9, 2021
You may have rights under the Indian Child Welfare Act. If the safety plan through CPS isn't working or isn't being enforced, then you likely need to pursue a custody action and request a hearing date before the judge. You should retain counsel to assist you or will be at a strong... View More
Me to pay back child support from time of 18 to 19. Child has been living on their own and has been paying mom even when living for the three months of 18 and never reported the move. I was grandfathered in to new law and never knew I was still responsible for child support. I've sent money to... View More
answered on Jan 25, 2021
It isn't clear from your question if this is a Nebraska case. In Nebraska, child support is generally ordered until the child turns 19 years old. It is possible to file a motion to credit if you paid child support directly instead of paying through the Child Support Payment Center. It would... View More
My best friend has a 3 year old and was never married to her father. The are no longer together but have not went to court for custody. Does she automatically get temporary custody of the child until the go in front of a judge?
answered on Jan 5, 2021
Yes. Absent anything to the contrary, natural mom of a child born out of wedlock is considered custodial parent by Nebraska law, but there are a number of factors that may change this, such as whether paternity was established by acknowledgment of the father, whether the parents are residing... View More
His father pays child support none of which we see.She uses it as her income. His father has had nothing to do with him in years. My daughter has 3 other children but only 2 of them live with her. Can I get legal custody of him? Every time she gets mad she threatens to take him Away.My grandson... View More
answered on Jan 4, 2021
If a non-parent wants custody of child that has been living with them, the most common process to obtain custody is to file for a guardianship action to ask for custody of the child. You generally need to show that the parents are unfit in order for the Court to award you custody if a biological... View More
Also I just need to get the school stuff transferred to our name so she can get a bus to pick her up but her mom does not want to cooperate
answered on Dec 9, 2020
To obtain custody of a child when you are not the parent, you generally need to file a guardianship action with the county court. Generally the Court is not going to grant a non-parent custody unless it is shown that the parents are legally unfit to care for their child. This is a very high... View More
answered on Dec 1, 2020
CPS generally has to offer reasonable efforts at reunification and to preserve the family. In some situations, there is a determination that no contact is in the children's best interests (this is relatively rare). If you children have been removed by CPS, you should hire an attorney or... View More
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