Get free answers to your Family Law legal questions from lawyers in your area.
![Julie Fowler Julie Fowler](http://justatic.com/profile-images/1508652-1460062386-sl.png)
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.
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](http://justatic.com/profile-images/738102-1560512486-sl.jpg)
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
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
![Julie Fowler Julie Fowler](http://justatic.com/profile-images/1508652-1460062386-sl.png)
answered on Jul 22, 2020
It would be unusual for a judge to grant 50/50 custody when the Court is only contemplating supervised visits at this time.
A judge is not bound to the recommendations of a therapist. Sometimes the court will order family therapy sessions to have even more structured visits than supervised... View More
The drug use is false as she just saw an old friend working in the garage and claims she can tell when I’m high
![Vanessa Jean Gorden Vanessa Jean Gorden](http://justatic.com/profile-images/738102-1560512486-sl.jpg)
answered on Jul 20, 2020
The answer to how to address this depends on whether you have a legal custody order (temporary or permanent) that provides you with parenting time. If so, then the mom is in contempt if she unilaterally decides not to send your daughter. If you are separated but no order is entered, you will want... View More
unmarried, been together for about 5 years, child is 3 years old.
![Vanessa Jean Gorden Vanessa Jean Gorden](http://justatic.com/profile-images/738102-1560512486-sl.jpg)
answered on Jul 9, 2020
Yes. There are several factors that may affect legal rights and responsibilities. First, whether natural father signed an acknowledgment of paternity at the child's birth. If so, that is legal paternity. If not, parents can only bring a private action to legally establish parentage within the... View More
She’s not cooperating to have my name removed to refinance or loan assumption. We’ve been divorced since 2017. How do I go about getting my name off.
![Vanessa Jean Gorden Vanessa Jean Gorden](http://justatic.com/profile-images/738102-1560512486-sl.jpg)
answered on Jun 15, 2020
Remember that your divorce decree is only valid as between the two parties involved - the Court that granted your Decree cannot force a bank to remove your name or allow the ex to refinance. As a best practice, my office typically ensures we draft a provision requiring the spouse keeping a mortgage... View More
She has primary custody but neither of the kids want to live with her. They are afraid if she finds out they told me before action is taken that she will be more abusive towards them. Their grandparents can confirm what they are saying and I have several texts from the kids as well.
![Julie Fowler Julie Fowler](http://justatic.com/profile-images/1508652-1460062386-sl.png)
answered on May 5, 2020
Every person is a mandatory reporter of child abuse. If you believe a child is being abused or neglected in Nebraska, you have a duty to report it to the Nebraska Child Abuse hotline.
A parent can file for an emergency custody order to be awarded emergency temporary custody of a child... View More
I feel my religious freedom was taken away by this guy that I feel marriage is a promise made to each other as God being a witness and blessing the marriage
![Julie Fowler Julie Fowler](http://justatic.com/profile-images/1508652-1460062386-sl.png)
answered on Apr 16, 2020
Nebraska is a no fault divorce state. You would have to speak with your religious leaders to see if there is a religious sanction within your religion for breaking the vows. This would not be something enforced through the Court.
![Julie Fowler Julie Fowler](http://justatic.com/profile-images/1508652-1460062386-sl.png)
answered on Apr 15, 2020
There was an old cause of action for damages against a person that your spouse cheated on you with. Although other states may still have some form of this action available, Nebraska has abolished this cause of action.
Cheating is a common cause of divorce. Except in cases where one... View More
![Julie Fowler Julie Fowler](http://justatic.com/profile-images/1508652-1460062386-sl.png)
answered on Apr 8, 2020
I assume you have some type of custody or divorce case? If so you should retain an attorney to assist you. Maybe because people with narcissism tend to have personal problems, but it is common for family law attorneys to have cases with one person seeming to have some type of narcissist traits... View More
![Vanessa Jean Gorden Vanessa Jean Gorden](http://justatic.com/profile-images/738102-1560512486-sl.jpg)
answered on Apr 8, 2020
The only way to really know your rights and responsibilities in a divorce is to confidentially visit with an attorney about the specific facts of your situation. The attorney can talk about the potential options and positive and negative aspects of your position. As a general rule, courts try to... View More
My boyfriend turned 20 in September of 2019 but we had high school together and are only 2 1/2 years apart. I want to move in with his family because they support me, and my parents treat me very poorly. Can he get into legal trouble if I move into his house but have a separate room and it’s not... View More
![Julie Fowler Julie Fowler](http://justatic.com/profile-images/1508652-1460062386-sl.png)
answered on Apr 7, 2020
If a child moves out without their parent's permission, law enforcement may assist in retrieving the child as a runaway. If adults are assisting the child in this, they could also be charged, whether the child is living in a separate room or not.
We are starting to go through divorce. Bought my house before marriage and she has paid no bills. I work out of state and my father mows. She is currently saying she wont allow him on the property. Can she legally block him from the land?
![Julie Fowler Julie Fowler](http://justatic.com/profile-images/1508652-1460062386-sl.png)
answered on Mar 25, 2020
In a divorce action, the Court can grant one party the exclusive use of the marital home in a temporary order. If such is the case, then this would generally also include the ability to prevent family members from entering on the premises, including to do maintenance or mow the grass.
If... View More
![Julie Fowler Julie Fowler](http://justatic.com/profile-images/1508652-1460062386-sl.png)
answered on Apr 2, 2020
Orders are signed by judges. Affidavits are usually signed by a person that is a first-hand witness to certain events. In a CPS case, it may often be a law enforcement officer or CPS worker.
She has not done any of this and has me blocked from contacting her. How can I file a contempt of court
![Julie Fowler Julie Fowler](http://justatic.com/profile-images/1508652-1460062386-sl.png)
answered on Mar 5, 2020
There are some forms available on the Nebraska Supreme Court's website under forms regarding show cause/contempt actions that will give you an idea of how these work.
My ex has an attorney and I don't we had court February 26th and I gave my ex full custody of our kids until I'm off probation but we have joint legal custody however many issues were not discussed such as taking the kids out of state, holidays, etc. And we are already having issues with... View More
![Vanessa Jean Gorden Vanessa Jean Gorden](http://justatic.com/profile-images/738102-1560512486-sl.jpg)
answered on Mar 5, 2020
If out of state travel is not addressed in the Parenting Plan, generally either parent may take the children out of state for any period that does not overlap the other parent's parenting time. However, case law in Nebraska is clear that the custodial parent cannot permanently move the... View More
Only his name is on the mortgage, he paid on the house for 6 years before we were married. House has appreciated since marriage, we have both put work into it. He makes 50k more a year than I do, but I work FT and stay home with our child 5 days a week. I pay half of all utilities/groceries/family... View More
![Julie Fowler Julie Fowler](http://justatic.com/profile-images/1508652-1460062386-sl.png)
answered on Mar 3, 2020
Generally, even if only one spouse's name is on the deed, the court will generally consider the home as marital if purchased during the marriage. If one spouse owned the home prior to the marriage, then the Court will generally determine that part of the equity in the home is marital and part... View More
![Julie Fowler Julie Fowler](http://justatic.com/profile-images/1508652-1460062386-sl.png)
answered on Mar 3, 2020
A custodial parent can request a replacement social security card with social security.
My name is no where on any legal papers
![Julie Fowler Julie Fowler](http://justatic.com/profile-images/1508652-1460062386-sl.png)
answered on Mar 3, 2020
If it is a Nebraska child support order, then there must be a Nebraska court case that created the child support order. If you contact child support services, you can find out the Court Case number. The case number would also likely be on any invoice you receive for child support.
If... View More
The custodial parent closed the case in May 2017, left the state of SD at that time with no notification to the court of the relocation. The non-custodial parent was incarcerated at the time the order was initiated 2016 and was not released until 2017 and immediately paroled to Omaha, NE.... View More
![Julie Fowler Julie Fowler](http://justatic.com/profile-images/1508652-1460062386-sl.png)
answered on Feb 24, 2020
If it is a South Dakota case, the person inquiring needs to speak with an attorney licensed in South Dakota. If this was a Nebraska case, the party would likely be able to reopen enforcement of unpaid judgment established by a court order for child support.
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.