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Nebraska Family Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Nebraska on
Q: Can cps keep my kids away from me? I haven't seen my kids in 4 weeks since they took them!
Julie Fowler
Julie Fowler
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

1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: without loosing his job, my ex managed to get notification to child support that he was no longer employed.

Some how my ex was able to send some kind of falsified notice to child support stating that he's no longer employed by the company he is still and has been working for for 3 yrs. How can this happen and why won't child support enforcement tell me how they were notified? What recourse do I have?

Julie Fowler
Julie Fowler
answered on Dec 1, 2020

The Child Support Office is limited in what information they can provide to the custodial parent. You can send an income withholding to an employer on your own. You are not required to have child support send the income withholding. It is not uncommon for family law attorneys to do so. You... View More

1 Answer | Asked in Family Law for Nebraska on
Q: How can I gain rights to my step daughter?

My husbands ex wife is involved with cps in Texas and had her other child removed from her home for meth use and neglect. My husband has residential custody of the child they had together in Nebraska where we currently live. I have been in her life for 4 years and legally married to her dad for... View More

Julie Fowler
Julie Fowler
answered on Nov 22, 2020

The best protection would be to become the child's legal mother by adopting her through a step-parent adoption action. You would need to have the biological mother's parental rights terminated, which is a very high bar and would require a contested court action if the biological mother... View More

1 Answer | Asked in Family Law and Health Care Law for Nebraska on
Q: Who has authority over dying father adopted eldest or biological
Julie Fowler
Julie Fowler
answered on Nov 22, 2020

As long as the person is competent, they get to make their own decisions. If the person becomes incompetent, then the person set forth in their power of attorney would get to make legal decisions for them. If these documents aren't in place, then the person who wants to become the legal... View More

1 Answer | Asked in Family Law for Nebraska on
Q: My child’s father has known about child since day one but refused to be in their life. Can they come back after 4 years?

They knew about the child from day one but didn’t want to step up! Now after 4 years they decided they are ready to be in said child’s life! No child support or Paternity test was done. Could they have any rights to said child?

Julie Fowler
Julie Fowler
answered on Nov 22, 2020

The statute of limitations to establish paternity is 4 years old for a private party but 18 years old for the State. Once the state brings a paternity action, then the father can ask for custody and parenting time. Thus, there are many cases where a father is granted parenting time (and sometimes... View More

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Nebraska on
Q: Can custody be removed from a parent if parent signed temporary guardianship to someone else?

I signed legal temporary guardianship to my mother of my son. The state of Nebraska remove custody from me and placed it with the state even though there was a temporary guardianship in place with someone else after time? Is that legal?

Julie Fowler
Julie Fowler
answered on Oct 27, 2020

If the State has grounds to remove a child, the State generally gets a say in the placement of the child. This is true even if a parent signs a temporary delegation to someone else in the same time period. If there is an actual court order of guardianship, then this is different. Then generally... View More

1 Answer | Asked in Family Law for Nebraska on
Q: I live in Nebraska, my daughter which will be 17 in January does not want to go visit her mother, does she have to go?
Julie Fowler
Julie Fowler
answered on Oct 27, 2020

If there is a court order granting a parent specific parenting time, then the Court generally expects that the parties will follow the court order. Whether a parent will be found in contempt for violating this order when an older teenager does not want to follow the court order depends on a lot of... View More

1 Answer | Asked in Family Law for Nebraska on
Q: The mother of my 1 year old baby will not let me see or spend time with him for no reason at all so what can I do?

My son was living with me for 2 months because she couldn't keep him because she had court ordered inpatient rehab and when she got released I let her take him to spend time with him and we agreed she would have him for 1 week and I'd have him for a week and we were supposed to keep doing... View More

Julie Fowler
Julie Fowler
answered on Oct 19, 2020

If the parents can't agree on what the custody and/or parenting time with the child should be, then a parent may need to file a custody action. Within the custody action, the Court can enter a temporary order stating forth each parent's time with the child. If one parent claims the... View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Nebraska on
Q: If I gave gaurdianship during a state case and the state closed the case before termination of gaurdian. How do I?

I picked up a felony drug charge last August and were convicted in late February this year. I also note that the juvenile court case originated, in part, on drug use. I also see a warrant in 2020 to search electronic devices for pornography possibly related to my daughters. I will tell you that... View More

Julie Fowler
Julie Fowler
answered on Oct 19, 2020

You shouldn't post such specific info on a general posting board like this. You should take your question down and contact an attorney that practices in Scotts Bluff County regularly.

1 Answer | Asked in Family Law and Social Security for Nebraska on
Q: Where can I find the money my father left me when he died? I'm 18 and was told it had to be claimed before I tuned 18
Julie Fowler
Julie Fowler
answered on Oct 14, 2020

How to track this down depends on what what type of funds you believe were left to you. For example, life insurance proceeds are transferred in a different manner than cash in a bank account. If you believe there may be social security dependent benefits owed to you, you may want to go to your... View More

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: Ready to leave 17 year relationship with father of 12 year old daughter. Just want to be a step ahead how do i do this

Our relationship has been bumpy i have no major issues. Besides maybe a slight case of mental abuse. We got past that basically just feel were at a dead end and dont want to leave anything up to chance when it comes to my daughter. I dont wish to keep her drom her dad couldnt if i tried. But cant... View More

Julie Fowler
Julie Fowler
answered on Sep 27, 2020

If the parents are generally on the same page as to what the parenting time should look like when they separate, then mediation can be a really good tool to come up with a parenting plan. The parenting plan could then be incorporated into a custody order. This way, the parties both have something... View More

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: What would be my best option or first step. I recently found out I have twin girls in Nabraska.

In April 2020 I was contacted by an old ex asking if I would take a dna test of her twin girls. The steer came back that I was their father.Since then the mother is continuously getting into trouble with the law or using the girls to hurt me.She has admitted to knowing she was pregnant before... View More

Julie Fowler
Julie Fowler
answered on Sep 15, 2020

A father can file an action to have paternity legally established. If the Court grants the request, the Court could award the father custody or at least parenting time. The Court would likely also address the financial issues. This would likely include child support. child care expenses, and who... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Nebraska on
Q: I’ve taken care of my boyfriends daughter for 4 years after can I gain custody if we break up ?

My boyfriends daughter moved in with us 2 weeks before we gave birth to our son, because her mother was sent to prison. Her mother lost all rights due to lack of visitation leaving him with full custody. I have been a supplement mother to her since she was 4 years old ( she’s now 8 about to turn... View More

Julie Fowler
Julie Fowler
answered on Aug 27, 2020

Generally for a non-parent to gain custody of a child, the person has to show that not only that they are the real or better parent but that the legal parent is unfit. A parent's rights are protected by the Constitution and parental unfitness is a high standard. If the biological parents... View More

1 Answer | Asked in Domestic Violence and Family Law for Nebraska on
Q: What to do if the father of my children’s new girlfriend violates the restraining order placed against my kids for abuse

I was unaware of the violation until after it took place. My childrens father is allowing his girlfriend back around my kids after he put the restraining order on her a few weeks ago for verbal and physical abuse on the children and himself.

Julie Fowler
Julie Fowler
answered on Aug 11, 2020

Violations of protection orders can be reported to law enforcement. It is a crime to violate a protection order.

1 Answer | Asked in Family Law for Nebraska on
Q: 10 yr old daughter in NE. Im in WA. Her mom wont let me see her. My name not on BC, she refuses to put my name on it.

My ex will not allow me to see our 10 yr old daughter. She was married at the time our daughter was born, but living with me. We raised her together. She didn't put my name on the Birth Certificate. Our girl was born in WA State but is now with her mom in NE. Her mother says that her... View More

Julie Fowler
Julie Fowler
answered on Aug 11, 2020

Generally, a court isn't going to award a father any court-ordered parenting time with their child until paternity has been legally established. The statute of limitations for a private party to establish paternity is 4 years. Thus, if the child is over 4 years old and paternity has not been... View More

1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: I am from Nebraska my significant other and I have a 6 year old daughter.

We broke up for a while at that time child support was started. We have reconciled and have been living together in a committed relationship since may 2018. We want to stop the support but are having problems doing so

Julie Fowler
Julie Fowler
answered on Aug 6, 2020

Did Child Support Services assist you with establishing the child support order? If so, they will likely assist you with terminating the order. However, if you are receiving public assistance, he will likely need to show that the father has moved back into the public assistance household or they... View More

1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: My ex-husband was awarded full custody of our daughter when she was 18. She is now 19

She attends college and lives in the dorms from mid August to May. My ex was given the right to claim her on his taxes as a dependent every year. This year she lived in the dorm from Jan-March. My new husband and I moved her from college to her dad’s in March where she stayed until the beginning... View More

Julie Fowler
Julie Fowler
answered on Aug 5, 2020

Once the child is an adult, the custody order regarding exemptions and the child care tax credit generally no longer governs. You would likely need to talk to your tax professional to see what you would need to do to qualify to claim another adult as a dependent.

1 Answer | Asked in Adoption and Family Law for Nebraska on
Q: How hard is it to adopt my sisters children living in different states?

My sister reached out to me about adopting her two children. She is unfit to care for them no job, different homes, alcohol abuse, and has been sexual abuse from one father. He has a restrainging order against his child. The other childs father wants nothing to do with him niether father pays child... View More

Julie Fowler
Julie Fowler
answered on Aug 4, 2020

If there is no involvement from child protective services or a similar organization and no one is objecting to the adoption, then it is generally just a matter of completing the paperwork and the formalities for the adoption to go through.

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: I want custody of my child, her father has her now but I have got my other girls back in my custody & want her back too
Julie Fowler
Julie Fowler
answered on Jul 28, 2020

To ask for the custody order to be modified, the general process is to file a Complaint to Modify to ask for the change in custody. You have to state a material change in circumstances that show why the change in custody is in the minor child's best interests.

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Nebraska on
Q: Concluding CPS Case With Childs Father (Multi-State DV Felon w/ a 3yr No Contact Order)

Hello, I am finishing up a CPS case, completed treatment, have housing, my own vehicle, clean drug tests for a year. However, my childs father is trying o force visits with our daughter since October, but has been unsuccessful this far due to trauma he inflicted on us both. He is on probation for... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Jul 22, 2020

Nebraska DHHS has a general policy that they will follow recommendations of a children's therapist with regard to visitation, but generally to suspend visitation requires a court order. You mentioned having an open case - this means you likely have a court-appointed attorney. You should talk... View More

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