If there is a court order granting a parent specific parenting time, then the Court generally expects that the parties will follow the court order. Whether a parent will be found in contempt for violating this order when an older teenager does not want to follow the court order depends on a lot of... Read more »
I signed legal temporary guardianship to my mother of my son. The state of Nebraska remove custody from me and placed it with the state even though there was a temporary guardianship in place with someone else after time? Is that legal?
If the State has grounds to remove a child, the State generally gets a say in the placement of the child. This is true even if a parent signs a temporary delegation to someone else in the same time period. If there is an actual court order of guardianship, then this is different. Then generally... Read more »
I picked up a felony drug charge last August and were convicted in late February this year. I also note that the juvenile court case originated, in part, on drug use. I also see a warrant in 2020 to search electronic devices for pornography possibly related to my daughters. I will tell you that... Read more »
You shouldn't post such specific info on a general posting board like this. You should take your question down and contact an attorney that practices in Scotts Bluff County regularly.
My son was living with me for 2 months because she couldn't keep him because she had court ordered inpatient rehab and when she got released I let her take him to spend time with him and we agreed she would have him for 1 week and I'd have him for a week and we were supposed to keep doing... Read more »
If the parents can't agree on what the custody and/or parenting time with the child should be, then a parent may need to file a custody action. Within the custody action, the Court can enter a temporary order stating forth each parent's time with the child. If one parent claims the... Read more »
How to track this down depends on what what type of funds you believe were left to you. For example, life insurance proceeds are transferred in a different manner than cash in a bank account. If you believe there may be social security dependent benefits owed to you, you may want to go to your... Read more »
Our relationship has been bumpy i have no major issues. Besides maybe a slight case of mental abuse. We got past that basically just feel were at a dead end and dont want to leave anything up to chance when it comes to my daughter. I dont wish to keep her drom her dad couldnt if i tried. But cant... Read more »
If the parents are generally on the same page as to what the parenting time should look like when they separate, then mediation can be a really good tool to come up with a parenting plan. The parenting plan could then be incorporated into a custody order. This way, the parties both have something... Read more »
In April 2020 I was contacted by an old ex asking if I would take a dna test of her twin girls. The steer came back that I was their father.Since then the mother is continuously getting into trouble with the law or using the girls to hurt me.She has admitted to knowing she was pregnant before... Read more »
A father can file an action to have paternity legally established. If the Court grants the request, the Court could award the father custody or at least parenting time. The Court would likely also address the financial issues. This would likely include child support. child care expenses, and who... Read more »
My boyfriends daughter moved in with us 2 weeks before we gave birth to our son, because her mother was sent to prison. Her mother lost all rights due to lack of visitation leaving him with full custody. I have been a supplement mother to her since she was 4 years old ( she’s now 8 about to turn... Read more »
Generally for a non-parent to gain custody of a child, the person has to show that not only that they are the real or better parent but that the legal parent is unfit. A parent's rights are protected by the Constitution and parental unfitness is a high standard. If the biological parents... Read more »
I was unaware of the violation until after it took place. My childrens father is allowing his girlfriend back around my kids after he put the restraining order on her a few weeks ago for verbal and physical abuse on the children and himself.
Violations of protection orders can be reported to law enforcement. It is a crime to violate a protection order.
My ex will not allow me to see our 10 yr old daughter. She was married at the time our daughter was born, but living with me. We raised her together. She didn't put my name on the Birth Certificate. Our girl was born in WA State but is now with her mom in NE. Her mother says that her... Read more »
Generally, a court isn't going to award a father any court-ordered parenting time with their child until paternity has been legally established. The statute of limitations for a private party to establish paternity is 4 years. Thus, if the child is over 4 years old and paternity has not been... Read more »
We broke up for a while at that time child support was started. We have reconciled and have been living together in a committed relationship since may 2018. We want to stop the support but are having problems doing so
Did Child Support Services assist you with establishing the child support order? If so, they will likely assist you with terminating the order. However, if you are receiving public assistance, he will likely need to show that the father has moved back into the public assistance household or they... Read more »
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 »
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.
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 »
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.
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.
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 »
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 »
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 »
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 »
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
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 »
unmarried, been together for about 5 years, child is 3 years old.
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 »
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.
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 »
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.
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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