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Nebraska Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Nebraska on
Q: Paternity question- resembling NE case state ex rel. Miah S. V. Ian K.

In my case , instead of State , the plaintiff ( bio dad) has brought a paternity suite in his own capacity using NE statute 43-1411. The children were born during marriage of my wife and myself. We do not have any divorce decree entered. 43-1411 allows state/alleged father/mother to file paternity... Read more »

Julie Fowler
Julie Fowler answered on Sep 22, 2021

When a child is born during the marriage, there is a marital presumption that the child born during the marriage is a child of the marriage. If the parties remain married, they could object to a third party trying to establish paternity and argue that the marital presumption prevents the third... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Nebraska on
Q: My son 8 told me his mom is manipulating him into hanging w/ affair partner/cousin he’s scared to go back what can I do

He doesn’t want to go back he has an older sister 14 who who this guy punched and their mother doesn’t care for because she chooses partner over kids

Julie Fowler
Julie Fowler answered on Aug 19, 2021

If you believe a child in Nebraska is being abused or neglected, then you have a duty to report such to the Nebraska Child Abuse Hotline. Everyone is a mandatory reporter in Nebraska.

If you want to ask the Court to enter or change a custody order or parenting time, then you would need to...
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1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: Does temporary guardianship give up my rights to my kids? Can my mother then cut off 100% all communication between me?

I’m January I signed temporary guardianship of my two kids to my mom while I checked myself in to a rehab. I can’t for certain remember what the paper said but I do recall my name being spelled wrong completely. Would that even hold in court? I never received a copy of the document nor did I... Read more »

Julie Fowler
Julie Fowler answered on Aug 19, 2021

It depends on what you signed in the court action and what type of court action it self.

If you signed a consent to guardianship or similar court papers, then you would need to file a court action to terminate the guardianship or ask in the court action for specific parenting time if the...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Nebraska on
Q: hi I was looking for advice on how to handle court and getting custody of 4 minor children back into my custody

they were removed from my care based on lies stated from a officer which I have solid proof that accusations were untrue. The state took emergency custody based off of this lie of a statement. How do I stand up for myself?

Julie Fowler
Julie Fowler answered on Jun 18, 2021

When a child is removed from a parent due to allegations of abuse or neglect, the parent will be appointed an attorney at the first hearing if they can't afford counsel. If you can't afford an attorney, you should request an attorney appointed and then speak with the attorney about your... Read more »

1 Answer | Asked in Child Custody, Family Law and Gov & Administrative Law for Nebraska on
Q: Please help the state has temp custody of my 4 kids all based off of lies how do I prove myself immediately

the state dept of cps in Nebraska is wrong for removing my children based off of a lie which I can prove it to be such with many forms of proof. Please help im helpless my kids are suffering if facts were revealed they had no reason for removal upon several.otjer issues at hand

Julie Fowler
Julie Fowler answered on Jun 18, 2021

When a child is removed from a parent due to allegations of abuse or neglect, the parent will be appointed an attorney at the first hearing if they can't afford counsel. If you can't afford an attorney, you should request an attorney appointed and then speak with the attorney about your... Read more »

1 Answer | Asked in Child Custody for Nebraska on
Q: Q: My daughter in Oahu is trying to get full custody of her 3 daughters and wants to move back to Nebraska.

She has been in Hawaii for 12 yrs and very seldom gets to come back home. She is in a battle for full custody so she and the girls can move back with family. but they are asking her to do the unreasonable. Such as secure a high paying job, secure a home, make sure the schools have a high rating,... Read more »

Julie Fowler
Julie Fowler answered on May 12, 2021

If her case is in Hawaii, she would need to consult with an attorney in Hawaii for what you can do to help improve the odds of winning her case.

1 Answer | Asked in Child Custody and Child Support for Nebraska on
Q: My ex wife who has legal custody of our daughter has left her with me and said she is done. How do I get child support
Julie Fowler
Julie Fowler answered on May 12, 2021

If you are asking to change custody and for the other parent to pay you child support, you likely need to file a complaint to modify. The filing of the complaint to modify begins a modification action where you can ask the Court to change custody and order the other party to provide support.

1 Answer | Asked in Child Custody and Child Support for Nebraska on
Q: My ex has currently gave me custody of our daughter but not legally how do I go about getting this changed?
Julie Fowler
Julie Fowler answered on May 12, 2021

In order to change a current custody order, you generally need to file a complaint to modify to start a modification action. If both parties are in agreement, you may be able to follow this up with submitting a stipulated modification order to change the order to the new terms that both parties... Read more »

1 Answer | Asked in Child Custody for Nebraska on
Q: Can I ask for a court appointed attorney for a child custody case in Nebraska?
Julie Fowler
Julie Fowler answered on Mar 15, 2021

You are not entitled to a court-appointed attorney to help you with a child custody case. Unless the action being brought against you involves the potential of jail time (such as to defend against a contempt action within the child custody case) or the removal of the children from your home by a... Read more »

1 Answer | Asked in Child Custody for Nebraska on
Q: We would like to get custody of my husbands daughter but he has a misdemeanor drug charge 3 years ago Is it possible?

It’s a misdemeanor with a taken off felony. We take her to school , homework, grooming activities. She works nights and leaves her with 13 year old son that daughter doesn’t get along with.

Julie Fowler
Julie Fowler answered on Mar 10, 2021

A misdemeanor drug charge from 3 years ago doesn't automatically exclude someone from being successful in a custody action. It wouldn't be a fact in the person's favor, but the Court could still award custody if the overall facts support that it is in the child's best interests... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for Nebraska on
Q: Do I have the first right of refusal to watch my child in Nebraska?

My ex and her live in boyfriend recently went out of town. I am required by them (not the court), to communicate to them only through email. He emailed me asking if I wanted to watch my daughter. Of course and we set up a plan which ended with him saying’”Ok, sounds good”.I took that as... Read more »

Julie Fowler
Julie Fowler answered on Mar 10, 2021

The Court determines what is allowed in a specific custody/parenting time dispute by looking at the custody order and parenting plan. If you don't have a custody order with parenting plan, then you need to file an action to ask the Court to enter a custody order with parenting plan. The... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Nebraska on
Q: I live in Nebraska and as a result of losing my job am behind on child support. Can my ex withhold contact with my chils

I lost my job and haven’t paid child support since June. I will, however get caught up. But my ex is not allowing me to even communicate with my child via text or phone call. If I can’t reach my child I am to call her boyfriend who then determines wether or not my wanting to speak or text with... Read more »

Julie Fowler
Julie Fowler answered on Mar 10, 2021

The Court doesn't tie child support and parenting time. If you file a contempt action, the Court can sanction the other party for denying parenting time due to non-payment of support.

Keep in mind, that the Court can also sanction you for not paying child support if the other party...
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1 Answer | Asked in Child Custody for Nebraska on
Q: If I received a harrasment protection order, would that affect any online evidence in custody modification?

Have joint custody with ex having primary physical

Julie Fowler
Julie Fowler answered on Mar 9, 2021

I'm not sure what you mean by online evidence. If there is an allegation or an order that someone is harassing others, this could be a factor a judge would take into consideration when determining custody or parenting time.

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: How do I terminate guardianship given to my mother? Does temp guardianship terminate my rights?

My daughters were staying with my mom in Nebraska, while I was in the process of moving from Texas to another State. I was staying w/ a friend while finding a place to live & getting my youngest signed up for preschool. I signed for my mom to have temporary guardianship of my older daughter, so... Read more »

Julie Fowler
Julie Fowler answered on Mar 2, 2021

If you are going to represent yourself at a contested guardianship hearing, you need to start spending a lot of time reading the rules, the statutes, and the case law to make yourself very familiar with both the procedural and the other rules involved. If any attorney quoted you $8,000 to handle... Read more »

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: How can we get emergency custody of 2 kids if we live out of state and parents are in divorce?

My sister suffers from sever mental and her soon to be ex husband has mental health issues and feeds into her the kids are 6 and 11 both have mental health as well. She has been bring men around, the 11 year old home alone, failing school, sever anxiety, she is treated like an adult. The youngest... Read more »

Julie Fowler
Julie Fowler answered on Mar 2, 2021

If you believe children are being abused or neglected, you need to report this to their local authorities. If found to be true, this may result in the children being removed from the home. It could also cause the family to start receiving services that could be helpful to get them to a healthier... Read more »

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... Read 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... Read more »

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Can DHHS revoke my custody based only on the filing of modification of custody alone before any judge signs or trial?

I was convicted of two misdemeanors and am currently a part of a voluntary, non court case with DHHS. They have implemented a family safety plan signed by all parties that my ex husband is not adhering to so I’m not seeing my kids. I was promised unsupervised visits by my DHHS caseworker but now... Read more »

Julie Fowler
Julie Fowler answered on Feb 9, 2021

You may have rights under the Indian Child Welfare Act. If the safety plan through CPS isn't working or isn't being enforced, then you likely need to pursue a custody action and request a hearing date before the judge. You should retain counsel to assist you or will be at a strong... Read more »

1 Answer | Asked in Child Custody for Nebraska on
Q: How and when can I go about challenging jurisdiction in custody case?

I believe the court did not have subject matter jurisdiction when making an initial temporary custody decision. My ex did not live in Arizona for 5 months. Never visited. Never went back until the day before he filed the petition for custody. So doesn't that mean it would not have had subject... Read more »

Julie Fowler
Julie Fowler answered on Jan 25, 2021

In Nebraska, if there isn't already a custody order in place, then you generally need to file the custody action in whatever state the child has been residing the last 6 months. This state where the child has been residing at least the last 6 months is generally referred to as the "home... Read more »

1 Answer | Asked in Divorce and Child Custody for Nebraska on
Q: My wife moved in with her boyfriend and now refuses talk to me about my daughter. I instead have to ask her boyfriend

Is that legal first of all. Second my ex wife knows our daughter better than anyone so that is why I would prefer to talk with her. This is not about my ex wife it’s about my daughter. I only find out about my daughters life by asking her questions which she doesn’t really like to answer. Just... Read more »

Julie Fowler
Julie Fowler answered on Jan 7, 2021

It isn't clear from your question if the mother of your child is your wife or your ex wife. If she is your ex wife, I assume there is a divorce decree in place that sets forth each parent's parenting time and possibly even a communication protocol. If there is and the mother is not... Read more »

2 Answers | Asked in Family Law and Child Custody for Nebraska on
Q: In NE, is the mother awarded temporary custody after spliting from the Childs father if they weren't married?

My best friend has a 3 year old and was never married to her father. The are no longer together but have not went to court for custody. Does she automatically get temporary custody of the child until the go in front of a judge?

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jan 5, 2021

Yes. Absent anything to the contrary, natural mom of a child born out of wedlock is considered custodial parent by Nebraska law, but there are a number of factors that may change this, such as whether paternity was established by acknowledgment of the father, whether the parents are residing... Read more »

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