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Nebraska Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: My ex-husband was awarded full custody of our daughter when she was 18. She is now 19

She attends college and lives in the dorms from mid August to May. My ex was given the right to claim her on his taxes as a dependent every year. This year she lived in the dorm from Jan-March. My new husband and I moved her from college to her dad’s in March where she stayed until the beginning... Read more »

Julie Fowler
Julie Fowler answered on Aug 5, 2020

Once the child is an adult, the custody order regarding exemptions and the child care tax credit generally no longer governs. You would likely need to talk to your tax professional to see what you would need to do to qualify to claim another adult as a dependent.

1 Answer | Asked in Adoption and Family Law for Nebraska on
Q: How hard is it to adopt my sisters children living in different states?

My sister reached out to me about adopting her two children. She is unfit to care for them no job, different homes, alcohol abuse, and has been sexual abuse from one father. He has a restrainging order against his child. The other childs father wants nothing to do with him niether father pays child... Read more »

Julie Fowler
Julie Fowler answered on Aug 4, 2020

If there is no involvement from child protective services or a similar organization and no one is objecting to the adoption, then it is generally just a matter of completing the paperwork and the formalities for the adoption to go through.

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...
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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 »

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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 »

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2 Answers | Asked in Family Law for Nebraska on
Q: separating unmarried couple, can mother/father move out with a 3 year old child?

unmarried, been together for about 5 years, child is 3 years old.

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jul 9, 2020

Yes. There are several factors that may affect legal rights and responsibilities. First, whether natural father signed an acknowledgment of paternity at the child's birth. If so, that is legal paternity. If not, parents can only bring a private action to legally establish parentage within the... Read more »

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2 Answers | Asked in Divorce and Family Law for Nebraska on
Q: In my divorce decree, it states that my ex wife will take over our mortgage payment but my name is still on the mortgage

She’s not cooperating to have my name removed to refinance or loan assumption. We’ve been divorced since 2017. How do I go about getting my name off.

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jun 15, 2020

Remember that your divorce decree is only valid as between the two parties involved - the Court that granted your Decree cannot force a bank to remove your name or allow the ex to refinance. As a best practice, my office typically ensures we draft a provision requiring the spouse keeping a mortgage... Read more »

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2 Answers | Asked in Domestic Violence and Family Law for Nebraska on
Q: My children are being abused physically and emotionally by their mother. What are my options?

She has primary custody but neither of the kids want to live with her. They are afraid if she finds out they told me before action is taken that she will be more abusive towards them. Their grandparents can confirm what they are saying and I have several texts from the kids as well.

Julie Fowler
Julie Fowler answered on May 5, 2020

Every person is a mandatory reporter of child abuse. If you believe a child is being abused or neglected in Nebraska, you have a duty to report it to the Nebraska Child Abuse hotline.

A parent can file for an emergency custody order to be awarded emergency temporary custody of a child...
Read more »

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1 Answer | Asked in Family Law, Civil Litigation and Civil Rights for Nebraska on
Q: wife cheated in Nebraska can I sue under religious reason since the bond of matrimony is a religious one

I feel my religious freedom was taken away by this guy that I feel marriage is a promise made to each other as God being a witness and blessing the marriage

Julie Fowler
Julie Fowler answered on Apr 16, 2020

Nebraska is a no fault divorce state. You would have to speak with your religious leaders to see if there is a religious sanction within your religion for breaking the vows. This would not be something enforced through the Court.

2 Answers | Asked in Family Law and Civil Litigation for Nebraska on
Q: I’m in Nebraska my wife cheated can I sue the third party
Julie Fowler
Julie Fowler answered on Apr 15, 2020

There was an old cause of action for damages against a person that your spouse cheated on you with. Although other states may still have some form of this action available, Nebraska has abolished this cause of action.

Cheating is a common cause of divorce. Except in cases where one...
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1 Answer | Asked in Family Law for Nebraska on
Q: So let’s just say he’s a narcissistic so he’s gonna do anything and every to Try and hurt me he also makes more money
Julie Fowler
Julie Fowler answered on Apr 8, 2020

I assume you have some type of custody or divorce case? If so you should retain an attorney to assist you. Maybe because people with narcissism tend to have personal problems, but it is common for family law attorneys to have cases with one person seeming to have some type of narcissist traits... Read more »

2 Answers | Asked in Family Law for Nebraska on
Q: I need to know the legal side of a divorce. Like can my husband take everything from em like he threatens
Vanessa Jean Gorden
Vanessa Jean Gorden answered on Apr 8, 2020

The only way to really know your rights and responsibilities in a divorce is to confidentially visit with an attorney about the specific facts of your situation. The attorney can talk about the potential options and positive and negative aspects of your position. As a general rule, courts try to... Read more »

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1 Answer | Asked in Family Law for Nebraska on
Q: I am 17 and will be 18 in 2 months. I want to move in with my boyfriends family, will we get in trouble and take me away

My boyfriend turned 20 in September of 2019 but we had high school together and are only 2 1/2 years apart. I want to move in with his family because they support me, and my parents treat me very poorly. Can he get into legal trouble if I move into his house but have a separate room and it’s not... Read more »

Julie Fowler
Julie Fowler answered on Apr 7, 2020

If a child moves out without their parent's permission, law enforcement may assist in retrieving the child as a runaway. If adults are assisting the child in this, they could also be charged, whether the child is living in a separate room or not.

1 Answer | Asked in Family Law for Nebraska on
Q: Does a affidavit for detention order need to be signed by a judge in a cps case to remove a child
Julie Fowler
Julie Fowler answered on Apr 2, 2020

Orders are signed by judges. Affidavits are usually signed by a person that is a first-hand witness to certain events. In a CPS case, it may often be a law enforcement officer or CPS worker.

1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: bought my house before marriage, soon to be ex wife is refusing to let my dad on the property to mow. What can I do?

We are starting to go through divorce. Bought my house before marriage and she has paid no bills. I work out of state and my father mows. She is currently saying she wont allow him on the property. Can she legally block him from the land?

Julie Fowler
Julie Fowler answered on Mar 25, 2020

In a divorce action, the Court can grant one party the exclusive use of the marital home in a temporary order. If such is the case, then this would generally also include the ability to prevent family members from entering on the premises, including to do maintenance or mow the grass.

If...
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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 »

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1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: I'm paying child support on a child that i have no legal rights to?

My name is no where on any legal papers

Julie Fowler
Julie Fowler answered on Mar 3, 2020

If it is a Nebraska child support order, then there must be a Nebraska court case that created the child support order. If you contact child support services, you can find out the Court Case number. The case number would also likely be on any invoice you receive for child support.

If...
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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.

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