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Nebraska Family Law 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 for Nebraska on
Q: My 15 yr is pregnant and running away all the time. Is there anything I can do to protect them both?
Julie Fowler
Julie Fowler answered on Aug 19, 2021

A good place to start looking for advice is a counselor or Boys Town. Boys Town National Hotline (1-800-448-3000). Often these are the type of professionals that can best help in these situations. If you are looking to get the child placed outside of the home, there are legal options but are... Read more »

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 Family Law for Nebraska on
Q: Hello my mom got sick and they put her in a home now my sister won't let me se my mo w what should I do
Julie Fowler
Julie Fowler answered on Aug 19, 2021

Unless your mother is incapacitated, it is usually the patient's choice as to who they want to visit them.

2 Answers | Asked in Child Support, Divorce and Family Law for Nebraska on
Q: Wife and I are divorcing. She is giving me full custody. Can she waive alimony and i waive child support?

Wife and I agree on a simple, uncontested divorce. We have 3 minor children. She is granting me full legal and custodial custody, uncontested. She is leaving the state and going far away, so any joint custody will be impossible. She said that she does not want alimony because I have to raise the... Read more »

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jul 21, 2021

Yes, either party can waive alimony, and if it is waived at the time of divorce, it can never be requested again in the future. Child support is a different story. Even if it is waived initially, it can be modified to request support in the future. There are circumstances where the State will... Read more »

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1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: Child support case hasn't been reviewed in years. Could back pay be required?

My child support case hasnt been reviewed in many years. If its reviewed, is there a chance of owing retroactive support?

Julie Fowler
Julie Fowler answered on Jun 18, 2021

There is a chance, although probably very unlikely. The earliest a child support modification becomes effective is generally the month after the action to increase child support was filed. This can be later if the party wasn't served the same month the case was filed. You also aren't... Read more »

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 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 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 Family Law and Child Support for Nebraska on
Q: I live in California. Daughter is graduating high school in CA end of May 2021 and then turns 18 2nd week of June.

We are relocating day after high school gradation in May. Child turns 18 middle of June. Child support ends 18 or graduation in CA whichever comes 1st. We are relocating day after graduation. Can I file in Nebraska right when we get there for another child support order since Nebraska child... Read more »

Julie Fowler
Julie Fowler answered on Feb 23, 2021

When you register an out-of-state child support order in Nebraska, some rules from the original state still apply. This includes the "duration of the child support order." This means that the age of majority that automatically terminates child support from the original state still... 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 Family Law for Nebraska on
Q: my stepdaughter is 17 does she have to go to her moms if she has a job her mom lives 45 miles away

the parenting plan was made when she was 7 yrs old, and states that her mom is to get her every tuesday and thursday but 6 years ago she moved 45 miles away and does not get her on those day's but does take her every other weekend and her holiday's. Her being 17 she has a job

and... Read more »

Julie Fowler
Julie Fowler answered on Feb 9, 2021

Unless you reach an agreement with the other party, you are required to follow the court order. If a teenage child has only two weeks in the summer with an out-of-town parent, it would be common for the teenager to take off work for those two weeks to visit their other parent. If that... Read more »

2 Answers | Asked in Family Law for Nebraska on
Q: CPS is trying to get a hold of me and I'm not sure why do I need to return their phone calls
Vanessa Jean Gorden
Vanessa Jean Gorden answered on Feb 9, 2021

If you are concerned that you may be accused of something, you can request a lawyer reach out to them for you or be present when you are interviewed. If you are a parent being investigated, be aware that they may go to school or elsewhere to interview your children. You may wish to visit... Read more »

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1 Answer | Asked in Family Law for Nebraska on
Q: Original date of court order met, child support extended without notice due to age 19 law. Child lived on own, NCS want

Me to pay back child support from time of 18 to 19. Child has been living on their own and has been paying mom even when living for the three months of 18 and never reported the move. I was grandfathered in to new law and never knew I was still responsible for child support. I've sent money to... Read more »

Julie Fowler
Julie Fowler answered on Jan 25, 2021

It isn't clear from your question if this is a Nebraska case. In Nebraska, child support is generally ordered until the child turns 19 years old. It is possible to file a motion to credit if you paid child support directly instead of paying through the Child Support Payment Center. It would... 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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1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: My grandson has lived with us for a year..Hes 11. His mother is unfit. What can I do to get legal custody of him?

His father pays child support none of which we see.She uses it as her income. His father has had nothing to do with him in years. My daughter has 3 other children but only 2 of them live with her. Can I get legal custody of him? Every time she gets mad she threatens to take him Away.My grandson... Read more »

Julie Fowler
Julie Fowler answered on Jan 4, 2021

If a non-parent wants custody of child that has been living with them, the most common process to obtain custody is to file for a guardianship action to ask for custody of the child. You generally need to show that the parents are unfit in order for the Court to award you custody if a biological... Read more »

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