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Nebraska Questions & Answers
1 Answer | Asked in Criminal Law for Nebraska on
Q: Do you have 3 days to surrender yourself if fail to appear in court before being charged with this.Nebraska

My brother was out on bond on a felony charge, and forgot to appear in court. He has never done this before. Court was at 930 am. He was arrested at 2:00 pm for failure to appear. I read ne rev statute 29-908, and it says you have 3 days to surrender yourself before being charged. Would that apply... View More

Julie Fowler
Julie Fowler
answered on Dec 7, 2020

You can be arrested for a failure to appear warrant even if you missed a court date less than 3 days ago.

2 Answers | Asked in Adoption, Child Custody and Child Support for Nebraska on
Q: How can my partner get partial custody or temporary guardianship of my child from previous relationship?

Also will it affect the child support pending?

However, my partner have been in my childs life since she was 1.5 years old and is the father figure since. And my ex has not had any contact with myself or my child since Feb 2018. As well my ex lives in another state.

Julie Fowler
Julie Fowler
answered on Dec 1, 2020

It depends on a lot of factors. A parent's rights are superior to those of a non-parent. The Court can grant a non-parent custody or visitation rights in limited circumstances. These are generally through a guardianship action when a parent is unfit or a request for in loco parentis... View More

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1 Answer | Asked in Consumer Law and Collections for Nebraska on
Q: Debt collection agency has sent us a notice about a bill we believe is invalid. What can they do if we don't pay?

We've responded by mail, said the debt is invalid, provided more information. What are our rights if they ignore/don't accept what we've sent? Can they sue, put a lien on our house, what?

Julie Fowler
Julie Fowler
answered on Dec 1, 2020

The Nebraska Attorney General's Website has some good information that might be a good place for you to start.

https://protectthegoodlife.nebraska.gov/debt-collection

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

2 Answers | Asked in Bankruptcy for Nebraska on
Q: My ex husband filed chapter 7 bankruptcy. What happens to our mutual debt with both of our names on it?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Nov 16, 2020

His obligation to repay that debt is/will be discharged. Your joint obligation to repay will not be discharged, so you're still on the hook for the whole debt.

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1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: My landlord is trying to force me to sign a very sketchy rental agreement. She also enters my home without notice.

Who do I turn to when landlord is making many many threats to raise rent if she has to hire anyone to fix her property if I won’t be her personal handyman. she comes into the property without notice often, says if i don’t sign her non legal agreement she will kick us out.

Julie Fowler
Julie Fowler
answered on Nov 22, 2020

A good resource to start with is the Landlord-Tenant Handbook created by Legal Aid of Nebraska.

https://www.legalaidofnebraska.org/wp-content/uploads/2019/05/Landlord-and-Tenant-handbook-2017.pdf

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: My landlord is trying to force me to sign a very sketchy rental agreement. She also enters my home without notice.
Julie Fowler
Julie Fowler
answered on Nov 22, 2020

A good place to start with is the Landlord-Tenant Handbook by Legal Aid.

https://www.legalaidofnebraska.org/wp-content/uploads/2019/05/Landlord-and-Tenant-handbook-2017.pdf

1 Answer | Asked in Medical Malpractice for Nebraska on
Q: I have been in the ER twice for the same issue. Sent home. 3rd time became medical emergency. Medical negligence?

I was told the issue would resolve on it's own. Diagnostic tools used were not the best for the issue.

Julie Fowler
Julie Fowler
answered on Nov 22, 2020

Medical malpractice cases generally examine whether the medical practitioners met the standard of care or not. Even if they did not, you would still have to have some type of quantifiable damages due to not meeting the standard of care to make it make sense to file a court action. If you have... 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 for Nebraska on
Q: How can I file online for emergency temporary custody of my daughter in nebraska?

Basically the father has pretrial on November 2nd and has pending charges for failure to register and I want to file for emergency temporary custody of my daughter

Julie Fowler
Julie Fowler
answered on Nov 22, 2020

As far as I know, there are no forms for this. You would need to file a custody or modification action and then file the motion for emergency custody within the action. You would either need to do quite a bit of research to determine how to draft this on your own or retain an attorney to assist... 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 Business Law for Nebraska on
Q: I want to sell private martial art lessons taught by me in my backyard, is there anything legal I have to do for this?

I want to sell a 30 minute class for 10$

Julie Fowler
Julie Fowler
answered on Oct 27, 2020

Your question is very vague. There is probably a lot of things that you need to do to follow the legal requirements. This could include whether operating your business violates any local zoning ordinances against running a business in a residential area. This could include setting up a legal... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Nebraska on
Q: A female friend was arrested on a DV assault-3rd degree misdemeanor. She actually had a warrant but turned herself in

To avoid her possibly staying overnight to see the judge the next day regarding bond, I emptied my savings account to post the $5k bond. It created a bit of a hardship on my end. She has an attorney now. Even though we have already posted the bond and had her released, can we still ask the court... View More

Julie Fowler
Julie Fowler
answered on Oct 27, 2020

I have never seen the Court lower bond money after it has already been posted. You can generally assign the bond money to an attorney to help cover attorney fees.

1 Answer | Asked in Child Custody and Child Support for Nebraska on
Q: Full/Sole Custody-Can partner get it for their child from previous relationship with a misdemeanor on record?

We have children together plus partner's child from a previous relationship. the child portrays the mother as only caring to appear to be a good mother but in reality pays no interest. The mother has lied about situations in order to take said child out of school in which said child told us... View More

Julie Fowler
Julie Fowler
answered on Oct 27, 2020

In order to have grounds for a change in custody, you generally need to show that there has been a material change in circumstances and that the change is in the minor child's best interests. If custody is changed from the custodial parent to the non-custodial parent, then the non-custodial... 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

2 Answers | Asked in Real Estate Law for Nebraska on
Q: My elderly mom wants to transfer her paid in full home in NE to me, what is needed?

Her husband has recently passed and may have to place her in a care facility

James Polack
James Polack
answered on Oct 22, 2020

Your mother should consult an elder planning attorney first.

Transferring her home may result in disqualification for Medicaid or have other unforeseen results.

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1 Answer | Asked in Traffic Tickets for Nebraska on
Q: Can police ticket me for driving if they made contact while I was walking and didn’t have car keys on me
Julie Fowler
Julie Fowler
answered on Oct 27, 2020

Can they ticket you? Yes. Will you be successful in having the charge dismissed? Maybe. Retain a criminal defense attorney to assist you.

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