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Nebraska Juvenile Law Questions & Answers
1 Answer | Asked in Juvenile Law, Civil Rights and Communications Law for Nebraska on
Q: If I had a case moved from adult court to juvenile court do I have any ability to have my name redacted from articles?

When I was 17 I was charged with a few different crimes in adult court in Nebraska. Some news articles were posted about me and 3 others with my name stated in the news articles. My case was then moved to juvenile court because I was a minor. However, these articles still contain my full name and... View More

James L. Arrasmith
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answered on Jun 29, 2024

This is a complex legal situation that involves the intersection of juvenile justice, media law, and privacy rights. Here's a general overview, but please note that for definitive advice, you should consult with a lawyer who specializes in this area of law in Nebraska:

1. Juvenile...
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1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Nebraska on
Q: My kids were removed from my home 12/1/20 by CPS. I was assigned a free attorney. Should I get a paid attorney?

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

Julie Fowler
Julie Fowler
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

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 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, 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 Juvenile Law for Nebraska on
Q: When a county attorney in Nebraska Juvenile Court has to serve parent out of the country how do they properly serve them
Julie Fowler
Julie Fowler
answered on Jul 22, 2020

It depends on the facts of the case and alternative service methods are sometimes allowed. The focus is generally on trying to give the parent actual notice of the case pending and if not that, at least constructive notice that an action has been filed.

1 Answer | Asked in Criminal Law and Juvenile Law for Nebraska on
Q: Am I able to call law enforcement to take off my missing persons report

I am 16 about to be 17 and I recently ran away from home and I have been keeping contact with my mom and she knows where I've been at but still doesn't want to take off my missing persons report, I have her consent and proof of it but she still tries to force me home.

Julie Fowler
Julie Fowler
answered on May 23, 2020

A parent can contact law enforcement when their child is a runaway. Often a child is still considered a runaway even if the parent knows where the child is but can't get the child back to the parent's home. A person who is harboring a runaway can have criminal charges brought against... View More

1 Answer | Asked in Family Law and Juvenile Law for Nebraska on
Q: In nebraska can victims take a minors name and the parents and blast them over social media
Julie Fowler
Julie Fowler
answered on Jan 6, 2020

Not sure what you mean by "blast." It is illegal to libel or slander another person. On the other hand, it isn't generally illegal for a person to tell facts of a current event (i.e. the news reports a person was picked up on suspicion of drunk driving). Thus, depending on what... View More

1 Answer | Asked in Juvenile Law for Nebraska on
Q: I want my public defender to appeal juvenile case, refuses. Wants me to sign something to withdraw as my lawyer.

Nebraska juvenile 3a case. Children are without proper support through no fault of the parents and in a situation dangerous...risk of harm. My public defender has missed every single opportunity to challenge in this case. The risk of harm is a sibling who I removed a week before the petition was... View More

Julie Fowler
Julie Fowler
answered on Dec 18, 2019

Sometimes if you fire your public defender, then you either have to hire an attorney or proceed without counsel. You have a right to a public defender, but not to choose which public defender. If you plan to hire your own counsel, then the public defender would withdraw and your private attorney... View More

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Nebraska on
Q: I was wrongfully charged with child abuse, and want to fight it please help.
Julie Fowler
Julie Fowler
answered on Aug 8, 2019

What your best defense is depends on the facts of your case and what specifically you were charged with. Hire an attorney to assist you or request court-appointed counsel.

1 Answer | Asked in Child Custody and Juvenile Law for Nebraska on
Q: What will happen when I tell my probation I'm five months pregnant?

I got put on probation 6 months ago as a juvenile, and I just turned 16. One of the terms of probation was that I couldn't be around my boyfriend. I found out a couple months ago that I got pregnant a month into probation, and still haven't told my probation. I'm starting to show and... View More

Julie Fowler
Julie Fowler
answered on May 15, 2019

Admitting you violated the terms of your probation could result in a violation of your probation. It is possible that the terms of your probation would be amended if you are pregnant or if a child is born and the court granted both parents parenting time with their child.

1 Answer | Asked in Consumer Law, Contracts and Juvenile Law for Nebraska on
Q: At what age do signers of a contract need to be in the state of Nebraska for the contract to be considered legitimate?

I was 18 when I agreed to the terms of a contract with an internet and phone company in Nebraska. I incurred debt with them and wonder whether or not I am legally responsible for upholding the contract I signed at the age of 18.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 9, 2019

Google Nebraska age of consent or age of majority.

2 Answers | Asked in Criminal Law and Juvenile Law for Nebraska on
Q: Is it illegal for a 17 year old to hit someone younger than them in self defense?
Julie Fowler
Julie Fowler
answered on Nov 5, 2018

Striking a child can be assault and/or child abuse. One affirmative defense to such charge can be self-defense, no matter the striker's age. The Court could take into consideration the actor and victim's age when deciding whether a crime occurred and whether there is an affirmative... View More

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1 Answer | Asked in Criminal Law and Juvenile Law for Nebraska on
Q: Do I need a lawyer?

I'm 18, graduated this year and live in Nebraksa. I have a friend who is 15. He called me last week and asked if I could pick him up from school because he was being sent home for the day and couldn't get a hold of his mom. So I did. After I picked him up he asked if he could come to my... View More

Julie Fowler
Julie Fowler
answered on Sep 12, 2018

This is something that a criminal defense attorney or public defender normally handles. The more proof you have to show that you believed he was being discharged from school, the easier it will be to defend this case. For example, did he send you a text saying is being sent home from school?... View More

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Nebraska on
Q: while I was in jail my 2 kids where placed with my mother by the state. my mother and I are not on good

terms, I've tried many times to contact her, she wont even respond. I dont know anything about what the state has disided, I'd like to know what happened with the legal rights of kids, I'd like to get it on paper what the court desided but not sure how to.

Julie Fowler
Julie Fowler
answered on Jul 5, 2018

If you know what county the action was in, you can likely found out the court case number and what the final order was.

1 Answer | Asked in Juvenile Law and Traffic Tickets for Nebraska on
Q: I have a court date on the 17th for a ticket can i get it pushed back a few days by asking to take it to juvenile court?
Brendan Michael Kelly
Brendan Michael Kelly
answered on Jan 15, 2018

While you may be able to the first court date is generally an advisement hearing. Best to get a lawyer and have them file a motion to have the matter moved to juvenile court.

0 Answers | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Nebraska on
Q: A friend wants to move out but doesn't know if she will be forced home...help?

I have a friend who lives in omaha Ne and she plans to move out during the summer of graduation. She will be 17 (a couple months with in 18) or have turned 18 at the time of moving out. If she has a job, a place to live for free, is engaged to her boyfriend and has consent of her dad but not her... View More

1 Answer | Asked in Family Law and Juvenile Law for Nebraska on
Q: Can I give temp.gaurdianship and custity of my kids to my mother without getting a layers involved ?

No father involved,til get my life ,financis in order ,then get them back when I can properly take there responsibilities

Brendan Michael Kelly
Brendan Michael Kelly
answered on Aug 14, 2017

If you are the only parent on the birth certificate you can provide guardianship to your mother. If another parent is involved than they would have to sign off in theory. This would allow her to send the kids to school, medical needs, etc..

1 Answer | Asked in Family Law and Juvenile Law for Nebraska on
Q: My son is 19 girlfriend is 17 1/2 and they have a 3 month old son they want to leave NE and move to NC can they?

They have been living in her mother's home he can't find work and there is a job available in NC can she legally move out of state. Her mother is threatening to have the arrested if they do.

Brendan Michael Kelly
Brendan Michael Kelly
answered on Aug 14, 2017

If she leaves without her parents permission they she can be in trouble. The age to be an adult in NE is 19. So the answer is Son can go, but daughter has to be get permission or wait til she is old enough.

1 Answer | Asked in Criminal Law and Juvenile Law for Nebraska on
Q: My son is 10 and he got a ticket for trespassing and criminal mischief. Does this still in his record till his 18?
Brendan Michael Kelly
Brendan Michael Kelly
answered on May 4, 2017

It is not a conviction but what is called an adjudication. It does not remain on his criminal record once he turns an adult, which is 19 in the State of Nebraska. It can be used to aggravate any future involvement with the law until he becomes an adult.

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