Lawyers, Answer Questions  & Get Points Log In
Nebraska Child Custody Questions & Answers
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... Read 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 Child Custody for Nebraska on
Q: can an 18 year old file for motion of custody of his child in nebraska

i am 18 my ex girlfried is 16 i want to file for custody of my daughter whom is 2 months old due to my ex still living at home with her mother whom has for the 3rd time in 5 years pending child abuse/neglect charges

Julie Fowler
Julie Fowler answered on Oct 19, 2020

Yes, a parent that is a minor can file for custody of their child. Generally, if the biological parents are minors, then the parents are listed as parties and filing as the next of friend of the biological parent.

1 Answer | Asked in Child Custody for Nebraska on
Q: If the mother of my child signs a poa for my daughter can they leave state with out my permission?

She had filed a complaint of custody and I filed one back against hers and this was before she signed a poa. She also signed a poa cuz she is incarcerated

Julie Fowler
Julie Fowler answered on Sep 30, 2020

If there is a custody order in place or a custody case pending, then a parent generally needs to get court permission to move the child out of state. If there is a custody case pending and one parent wants to ask the Court to prevent an imminent move out of a state, a party can ask for an order... Read 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... Read 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... Read 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... Read 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... Read more »

1 Answer | Asked in Child Custody for Nebraska on
Q: I have had legal guardianship of my 15 year old grand daughter for 11 years. Her mother wants her back.

Can she get her back? Can my granddaughter terminate the guardianship because she is 15?

Julie Fowler
Julie Fowler answered on Sep 14, 2020

A parent can ask for a guardianship to be terminated. The Court generally looks at whether the parent is fit or not to care for the child and what is in the child's best interests.

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... Read 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... Read more »

1 Answer | Asked in Child Custody for Nebraska on
Q: Where can I find the documents to complete for emergency Custody hearing.
Julie Fowler
Julie Fowler answered on Aug 27, 2020

As far as I know, there aren't any form documents for this. You would have to review the Court rules and draft these document yourself or retain an attorney to assist you.

1 Answer | Asked in Child Custody and Child Support for Nebraska on
Q: If my ex boyfriend pays 500 for 3 kids without it being through court , how do I put him on child support

I've been separated from my ex 2 years have 3 kids and he has not been there really at all and pays 500 a month for 3 kids without court order. 2 with disabilities. And currently in trouble with the law. Do I have a strong case and what do u recommend

Julie Fowler
Julie Fowler answered on Aug 27, 2020

Generally you can request child support be entered even if the parent is/was voluntarily paying child support. The amount ordered could be higher or lower than what the parent is voluntarily paying.

You can complete the online application to request child support services in Nebraska....
Read more »

1 Answer | Asked in Child Custody for Nebraska on
Q: My ex took my son at 2 months out of state to new mexico and said he would come back, but now is saying he's not.

It's been 6 months and he's been saying our son's not coming back to Nebraska. We were never married and never established custody rights. Am I able to go get our son and bring him back to Nebraska with me?

Julie Fowler
Julie Fowler answered on Aug 27, 2020

It depends. Was paternity ever legally established with the father? Have you had any contact with your child in the last 6 months?

Generally the State where the child has been residing the last 6 months is the state that gets to decides custody when there has not previously been a custody...
Read more »

1 Answer | Asked in Child Custody and Child Support for Nebraska on
Q: In a case regarding child support what happens if the mother does not show up on the court date

establish paternity and support it’s the state versus me and my kids mother who are separated

Julie Fowler
Julie Fowler answered on Aug 11, 2020

If it is a child support action brought by the State, the Court would likely go forward with entering a child support order against the non-custodial parent even if one or both parties don't show up at the hearing.

1 Answer | Asked in Child Custody for Nebraska on
Q: Is it legal for dhhs to place a child in foster care before the Ex parte petition with the court Has even been filed.
Vanessa Jean Gorden
Vanessa Jean Gorden answered on Aug 10, 2020

Yes. Ex parte motion must meet the emergency level but it only has to be signed by the Court- not necessarily on file or public record. They only have 5 days to file a Petition following that Order and a temporary custody hearing must be held in a timely manner. If children have been removed, most... Read more »

1 Answer | Asked in Adoption, Child Custody, Child Support and Divorce for Nebraska on
Q: Child Support Terminated June 9,2011 DHHS Didnt recognize it till 7-15-2020. Signed rights over, Adoption was final .

State never bothered to see if Adoption was final before Divorce of Custodial parent and Adoptee. $50 A month From June 2011 - July 2020 = State owes me correct? I was in contempt three times and served over 6 months in jail two of the three times, the 1st time I payed over $2500 To be released,... Read more »

Julie Fowler
Julie Fowler answered on Aug 8, 2020

The burden is technically on the parent whose rights were terminated to file the motion to terminate child support. That being said, if the State received the money due to a child support assignment due to some type of public assistance, you may have a right to have it reimbursed. If the... Read more »

1 Answer | Asked in Child Custody for Nebraska on
Q: In the state of Nebraska, how far away, within the state, can a parent move when both parts have joint custody?
Julie Fowler
Julie Fowler answered on Aug 4, 2020

Once a custody order is entered, a parent generally needs a specific order from the Court to move the children out of state. If the move is within the State, the parent doesn't generally need court permission to move. That being said, if the move is such that it creates a material change in... Read more »

1 Answer | Asked in Child Custody for Nebraska on
Q: If a guy claims that my child is his, can he file for custody even though he hasn’t been in her life since she was born?

She turned 4 this year and he is claiming he is going to go to court to get visitation rights. Is that even possible?

Julie Fowler
Julie Fowler answered on Jul 28, 2020

There is a statute of limitation for paternity in Nebraska of 4 years old. That being said, there are a number of work-arounds, such as asking the State to file a paternity action as the State has until 18 years old to file for paternity. Further, if there is a child support order established or... Read more »

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.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Nebraska on
Q: Concluding CPS case, determining custody with a domestic violence felon.

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... Read more »

Julie Fowler
Julie Fowler 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...
Read more »

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... Read 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... Read more »

View More Answers

2 Answers | Asked in Family Law and Child Custody for Nebraska on
Q: My wife is keep my daughter from me claiming suicidal texts and claiming drug use. The texts were a week ago

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 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... Read more »

View More Answers

1 Answer | Asked in Child Custody, Child Support and Divorce for Nebraska on
Q: My son is getting a divorce after 5 years of marriage. They have a 9 month old baby My daughter in law moved out.

My son pays for her apartment. Part of the agreement was she watches the baby during the day so my son can work. She often calls and says she can’t because she is sick I believe she’s out on tinder dates If I can prove she is not wanting to watch her own child so she can be out and about,... Read more »

Julie Fowler
Julie Fowler answered on Jun 9, 2020

Child custody determinations are very fact specific. A parent's involvement or lack of involvement with their child, as well as logistical considerations, are often taken into account when determining custody. If your son hasn't retained an attorney, he should do so asap.

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.