First, a typed paper alone is not enough for delegated parental authority unless it is notarized and uses this form: https://supremecourt.nebraska.gov/self-help/families-children/temporary-delegation-parental-powers
Second, if the parent revokes the Temporary Delegation at any time, it is...Read more »
My ex husband has had custody for 3 years. I returned from deployment in January and will not be returning to work until May. Due to coronavirus, I offered to watch my daughter so that no one would miss work. Because she has school work, he feels it is more convenient for his mom, dad, or sister to... Read more »
If a party is ordered to pay a share of child care expenses, this can include payment if a relative is the child care provider. That being said, a number of factors come into play when the child care provider is a relative and the specific wording in the order could likely affect whether the party...Read more »
Generally a motion to vacate genetic testing is when a judge decides whether to cancel an order requiring the parties to submit to genetic testing. I assume this is for paternity genetic testing since you categorized your question as a custody question. It could also address related topics such...Read more »
Potentially yes, especially in a temporary order as such are not appealable. If the Court has concerns about a parent and child sharing a room or a bed as not in the child's best interests, some judges will make a condition for separate beds or bedrooms. Whether you could get this reversed...Read more »
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... Read more »
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...Read more »
I want to file papers incase something happens to me the child will not go with other parent who has not seen her, divorce was also by default due to domestic case against other parent and him being in jail, do I need a lawyer to file this or is it something I can go pick up and fill out?
There are a number of ways to help protect a child when there is only one parent in the child's life. One is by having complete estate planning documents, including provisions as to what you would request in case you would die before the child becomes an adult. There are also options such as...Read more »
My ex and I have two children with 50/50 custody arrangements. This is to include sharing costs for all school, daycare, and medical costs, ect. He is also ordered to pay $156 a month in child support. Since our divorce was finalized, he hasnt paid any additonal costs and stopped paying child... Read more »
A party needs specific court permission to move the children out of state. Generally, but depending on the wording of the current order, a party doesn't need court permission to move the children within state. That being said, if the move would effect the parenting time or exchanges, it is...Read more »
For an initial custody determination, the state where the children have been residing the last 6 months is generally the court/state that gets to decide the custody issues. For a modification action, jurisdiction generally remains with the original jurisdiction as long as at least one of the...Read more »
There is a form called a temporary delegation of parental powers form on the Nebraska Supreme Court's website that parents can use to grant some limited powers to another caregiver for a limited period of time. It can be revoked by the parents at any time and it can last only up to 6 months....Read more »
There is history of abuse, towards me, but with the child in the room. I am not trying to terminate his rights, just would like full custody as I fear what may happen when he gets out. I don't know where to begin and I don't have a lot of money to spend on a lawyer.
If you want a custody order, you should file a custody action. If the other parent is incarcerated, there may not be much to fight about and the action will likely be fairly straightforward. Thus, the attorney fees will likely be very affordable. If you are of limited means, you may want to try...Read more »
8 months ago I told my family I had a problem abusing pain meds. I asked my ex to take our kids for a week while I worked on myself. He then filed a temporary order giving him full custody. I have never been in trouble with the law, my kids are happy, healthy. I was prescribed these for many... Read more »
The Court will look at the specific factors of the case when deciding custody. The Court will look at these when deciding which parent to give custody or potentially joint custody. You will want to retain an attorney to present you.
Dec 31=1 yr case. Lots of details, very little action by public defender-1st issue. Online finding statutes/cases trying to educate myself. 2nd-2 cases all hearings same day same time. Literally didn't even realize 2nd case for 5/6 months.
Sometimes when a parent has done everything they can but a child is still not safe in their home, the Court will find the person guilty of no fault neglect so that the child can receive services. This is especially common when one child needs to be placed outside of the home as the siblings...Read more »
If a parent is being denied access to their child without a court order, it may be time to file an action or motion to ask for a court order allowing specific parenting time. Whether such will be granted or not depends on the specific facts of the case. You should contact an attorney to assist...Read more »
I'm not sure what your question is. Are you asking if there is a way to get a different guardian ad litem appointed? Generally, the court won't grant a party's request to change the guardian ad litem. Usually the person the court appoints is a person that the judge is familiar...Read more »
My stepdaughter was placed with someone she doesn't know by her mom who signed a temporary guardianship form. The guardian is willing to give her to us as there is no custody established but we want to be sure it's still legal for him to take her without court order.
If the father wants custody of his child, he should obtain a custody order. If the mother is trying to give placement to a third party, then the facts are likely favorable that father can obtain custody of the child. If there is already a custody order in place, he would need to file a custody...Read more »
There is substance / drug abuse involved. I have a family in Omaha who is willing to take me in. My mother has no job and she is living with someone in Hobbs. The age of majority in Hobbs is 18. Meaning I can leave Hobbs if I want. Do I have to go to Hobbs or can I stay in Omaha? If I can stay in... Read more »
In Nebraska, a parent has both the authority and responsibility to choose where their child resides until the child is 19 years old. Generally the age of majority is governed by residence. If a child is residing in another state, then that age of residency applies. That being said, if there is a...Read more »
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