Lawyers, Answer Questions  & Get Points Log In
Nebraska Child Custody Questions & Answers
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.

1 Answer | Asked in Adoption and Child Custody for Nebraska on
Q: my cousin give me her baby and we type a paper saying that I have temp custody of her .what can I do ? to keep her
Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jun 4, 2020

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 »

1 Answer | Asked in Child Custody and Child Support for Nebraska on
Q: Do I have to pay childcare when my ex’s family members watch my daughter?

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 »

Julie Fowler
Julie Fowler answered on Apr 11, 2020

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 »

1 Answer | Asked in Child Custody and Child Support for Nebraska on
Q: What happens at court, during a motion to vacate genetic testing?What all will be discussed
Julie Fowler
Julie Fowler answered on Apr 7, 2020

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 »

1 Answer | Asked in Child Custody for Nebraska on
Q: Can a judge order daughter and Mom to get a 2 bed apt when mom has custody.
Julie Fowler
Julie Fowler answered on Mar 25, 2020

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 »

1 Answer | Asked in Family Law, Child Custody and Child Support for Nebraska on
Q: In court orders it says I am to be made aware of appointments and the kids names are to be changed. Amoung other thing

She has not done any of this and has me blocked from contacting her. How can I file a contempt of court

Julie Fowler
Julie Fowler answered on Mar 5, 2020

There are some forms available on the Nebraska Supreme Court's website under forms regarding show cause/contempt actions that will give you an idea of how these work.

3 Answers | Asked in Child Custody and Family Law for Nebraska on
Q: Can I stop ex from taking kids out of state because his attorney didn't submit final custody order decree yet?

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 »

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Mar 5, 2020

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 »

View More Answers

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: How do i get My child's social security number
Julie Fowler
Julie Fowler answered on Mar 3, 2020

A custodial parent can request a replacement social security card with social security.

1 Answer | Asked in Child Custody for Nebraska on
Q: I have full custody of my child who is 6, the other parent can only see with court supervision and has not tried in 4 yr

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?

Julie Fowler
Julie Fowler answered on Feb 11, 2020

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 »

2 Answers | Asked in Family Law, Child Custody and Child Support for Nebraska on
Q: Seeking a custody change

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 »

Julie Fowler
Julie Fowler answered on Feb 11, 2020

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 »

View More Answers

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Nebraska on
Q: What state has Jurisdiction under UCCJEA?

4 Children born NE

Parents divorced

Mother and 2 children move to IL

Father and 2 children remain in NE

2 children travel to NE for summer vacation.

Father files Emer. custody and doesn't return children to IL

Mother was never served and... Read more »

Julie Fowler
Julie Fowler answered on Jan 21, 2020

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 »

1 Answer | Asked in Child Custody for Nebraska on
Q: What is needed for parents to sign custody of their child to an aunt in Nebraska? What would the process be?

The child is living with the aunt and attending school where the aunt lives.

Julie Fowler
Julie Fowler answered on Jan 2, 2020

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 »

1 Answer | Asked in Child Custody for Nebraska on
Q: My son's dad is in prison for drug related charges. How can I get full custody?

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.

Julie Fowler
Julie Fowler answered on Dec 30, 2019

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 »

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: For the last 9 years, I've had primary custody of my 3 children. Now my ex is suing for sole custody.

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 »

Julie Fowler
Julie Fowler answered on Dec 30, 2019

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.

1 Answer | Asked in Appeals / Appellate Law and Child Custody for Nebraska on
Q: Looking for Plan C, as I am going to try Plan B Monday. Hot mess of a no fault abuse/neglect case that should not be.

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.

Older son-behaviors applied for several... Read more »

Julie Fowler
Julie Fowler answered on Dec 9, 2019

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 »

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.