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Nebraska Family Law Questions & 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 Family Law and Juvenile Law for Nebraska on
Q: In nebraska can victims take a minors name and the parents and blast them over social media
Julie Fowler
Julie Fowler answered on Jan 6, 2020

Not sure what you mean by "blast." It is illegal to libel or slander another person. On the other hand, it isn't generally illegal for a person to tell facts of a current event (i.e. the news reports a person was picked up on suspicion of drunk driving). Thus, depending on what was posted, it... 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 Adoption and Family Law for Nebraska on
Q: Complaint For paternity within 4 years after the child is born. Does this apply to father who didn’t know about child?

Mother is trying to get child adopted by her current husband. Would the four year rule still apply if the father is not aware that a child was born.

Julie Fowler
Julie Fowler answered on Dec 18, 2019

The four year statute of limitations does not have an exception for a father not knowing about the child. That being said, there are a number of ways to successfully get around the four year statute of limitations depending on your circumstances. The most common is to request the State to file an... Read more »

1 Answer | Asked in Family Law for Nebraska on
Q: If someone has temporary guardianship of a child can the parent get the child back at any time?

My daughter signed temp guardian papers. She was having some issues at the time. Now she's better and wants her baby back. But the guardian won't allow her to take her now. Can the parent just go get the baby?

Julie Fowler
Julie Fowler answered on Dec 18, 2019

I'm not sure what you mean by temporary guardian papers.

If the parent signed a temporary delegation of parental powers form, this is only good up to 6 months and the parent can rescind these powers in writing at any time. Once such is rescinded, then the other person has no legal...
Read more »

1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: I have a 10yo but never established paternity. How can i do that now?

I have received assistance but could not benefit from their help bc it being a one night stand i didnt know how or where to look for him, until recently. After finding him and his full name on FB i googled him. I got the address and a phone number.

Julie Fowler
Julie Fowler answered on Oct 23, 2019

You can file an action to ask the Court to establish paternity and child support. Alternatively, you can contact child support services and request the State file a paternity action now that you have contact information to attempt service on the father.

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Can my child’s counselor and lawyer deny me to see my child if it’s not signed off by a judge? If doctors also agree?
Julie Fowler
Julie Fowler answered on Sep 26, 2019

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 »

1 Answer | Asked in Family Law for Nebraska on
Q: Interesting in finding out what options a 16 year old in Nebraska and if they can legally live somewhere else

Interested in finding out the options for a 16 year old in Nebraska who is living in an abusive household

Julie Fowler
Julie Fowler answered on Sep 26, 2019

If a child is being abused or neglected, every person has a legal duty to report the abuse or neglect to the child abuse hotline. The number is (800) 652-1999. If it is determined that a child is being abuse or neglect, it could result in removal of the child from the home, services provided to... Read more »

1 Answer | Asked in Child Support and Family Law for Nebraska on
Q: Chances of judge starting parenting plan after 13 years of being divorced just because Of modification of child suppor

Been divorced 13 years after receiving child support modification papers defend it now wants modification of degree to get visitation of 15and 17-year-old sons whom both attend school and work and don’t want to go with defendant whom live in Omaha every other weekend .younger child defendant... Read more »

Julie Fowler
Julie Fowler answered on Sep 15, 2019

Even when a parent has gone a long period of time without seeing their children, the Court will often grant parenting time if requested. It is common for a judge to start with counseling first. For example, the judge would order family reunification therapy where the parent and child first meet... Read more »

2 Answers | Asked in Contracts, Divorce, Family Law and Child Support for Nebraska on
Q: Hello... I'm looking for West's Texas Digest full volume set. Have an idea where I can find a hard copy somewhere?

I'm not for sure which reporter it is under. But all "contracts", designed by John B. West in his "West American Digest System" in the mid 1800s, and developed by "West Publishing" to organize the entire body of American Law.

For instance, I have West's Nebraska Digest -- The entire set.... Read more »

Julie Fowler
Julie Fowler answered on Sep 2, 2019

Contact West Publishing? Amazon? E-bay?

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1 Answer | Asked in Family Law for Nebraska on
Q: Will a judge in Nebraska start a parenting plan for Parents been divorced 13years and sons 17, 15 don’t want to?

Been divorced 13 years andNow since child-support modification noncustodial parent filing for visitation for 1715-year-old boys I’m don’t want to be made to have to go every other weekend etc. and I’m not custodial parent is more than willing to give up his rights of Nusz vasa d now since... Read more »

Julie Fowler
Julie Fowler answered on Aug 27, 2019

Your question is a little unclear. It is possible for the parties to dismiss their custody action if the parties have decided to pursue an uncontested adoption action instead. It is generally the custodial parent and their spouse that files the adoption action. The biological parent that wants... Read more »

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: Can my husband go pick his daughter up?

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.

Julie Fowler
Julie Fowler answered on Aug 26, 2019

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 »

1 Answer | Asked in Child Support and Family Law for Nebraska on
Q: I am being charged with a class 4 felony for back child support and now am being charged for 4 charges rather than one

I have had 5 surgeries in the last 4 yrs and pending more and the back is due to the state due to filing of family members being the mother dropped the support odder

Julie Fowler
Julie Fowler answered on Aug 21, 2019

I'm not sure what your specific question is. If you are facing felony charges, you can be appointed a public defender if you can't afford an attorney.

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: I am 18 , my mom wants me to move to New Mexico with her from Omaha. I don’t want to

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 »

Julie Fowler
Julie Fowler answered on Aug 21, 2019

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 »

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Nebraska on
Q: I was wrongfully charged with child abuse, and want to fight it please help.
Julie Fowler
Julie Fowler answered on Aug 8, 2019

What your best defense is depends on the facts of your case and what specifically you were charged with. Hire an attorney to assist you or request court-appointed counsel.

1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: Can the custodial parent opt out of receiving child support if both parents agree?

My s.o’s ex wife has stated she doesn’t want child support, is there a way she can opt out of receiving it and him paying it?

Julie Fowler
Julie Fowler answered on Jul 24, 2019

Yes, generally in Nebraska the parties can agree to waive child support. That being said, an exception may occur if the child is receiving public assistance from the state to help support the child. Depending on what type of public assistance the child is receiving, the parent may not be able to... Read more »

1 Answer | Asked in Child Support and Family Law for Nebraska on
Q: My daughter is getting child support, on her fafsa she has to claim me, the biological mother and the step dads income!!

Her EFC, expected family contribution, is high and is not eligible for any federal grant money or need based scholarships! Since her step dad and I have to take out loans to help her out with college, does the biological dad have the right to claim her on his taxes this year? Also is there support... Read more »

Julie Fowler
Julie Fowler answered on Jul 16, 2019

In Nebraska, the duty to pay child support continues until the age of 19. The parents can enter into a contract, even within their custody order, for the parents to have an obligation to provide assistance with college tuition or expenses. The Court can't order this unless both parents agree to... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Nebraska on
Q: My son's mom is refusing to let me take our son anywhere, like the park or even to lunch without her and no court order

I'm currently on probation or a shoplifting charge I received 3 years ago and our son is almost four. I have no History of Violence and until recently have been the sole provider for him and her. She decided to move to a town 45 miles away, where I travel to at least three or four times a week to... Read more »

Julie Fowler
Julie Fowler answered on Jun 27, 2019

If the parents can't agree on custody or parenting time, then it is time to file a custody action to ask the court to set a set schedule for custody and parenting time. If paternity hasn't been legally established, the father may need to file an action asap if the child is approaching 4 years old... Read more »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Nebraska on
Q: My ex is getting custody of my oldest child, he is not biologically his. How do I stop this?

Ex husband was very abusive, reports and rrests on dv. Bc of a recent case with hhs and drug use (children not exposed in any way via proof hair follicle test) Temp guardianship was given to my parents. The ex, who was just released from jail on the exact same charges as me after being completely... Read more »

Julie Fowler
Julie Fowler answered on Jun 24, 2019

You may want to take a look at the Nebraska Supreme Court case at Cesar C. v. Alicia L, 281 Neb. 979 (2011). In this case, the mother and non-biological father signed a notarized acknowledgment of paternity (the document signed that puts a father's on a birth certificate) stating that the... Read more »

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: Can the father of the baby, take the baby out of state right after birth?

being 8 weeks pregnant, the babies father moved out of state. He wants to take the baby after birth and keep him/her for a month and then switch back when he feels. Is he legally allowed to take a baby after being born if there has been nothing court ordered or court documented besides the baby... Read more »

Julie Fowler
Julie Fowler answered on Jun 13, 2019

A father has parental rights in Nebraska when paternity is legally established. In Nebraska, paternity is established by being married to the mother when the child was conceived or born (legal presumption when married), by signing the birth certificate (technically the notarized acknowledgement... Read more »

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