Nebraska Questions & Answers by Practice Area


Nebraska Questions & Answers

Q: I’m jasmine and I need help getting emancipated I’m 16 years old with a good paying job

1 Answer | Asked in Family Law for Nebraska on
Answered on Aug 8, 2018
Vanessa Jean Gorden's answer
Hello. If you do not have a stable home and your parents are taking advantage of money you are earning, you are unlikely to be emancipated. Emancipation is very rare and typically only available to those who are already living independently despite their minority. However, you may qualify for assistance from the Department of Health and Human Services. If a juvenile case is opened, you could be placed in foster care, in a group home, or on an independent living plan, depending on your...

Q: Ex husband who currently has physical custody of our daughter is intentionally keeping my daughter from me. He manages

2 Answers | Asked in Child Custody for Nebraska on
Answered on Aug 7, 2018
Julie Fowler's answer
If the other parent is violating the court order, the most common remedy to enforce the court order is to file a contempt action to ask for the court's assistance in enforcing the parenting time granted in the court order.

Q: Hello, my husband and I filed a chapter 13 bankruptcy in April of 2016 with our family farm operation

1 Answer | Asked in Bankruptcy for Nebraska on
Answered on Jul 30, 2018
Timothy Denison's answer
Challenge those erroneous entries on your credit report and unless the creditor can prove the delinquency, it should come off your report. Then you should be able to obtain an operating loan with the permission of the bankruptcy court.

Q: A guy I know must serve a minimum sentence of 15 years, and yet he isn't eligible for parole for 35 years...

1 Answer | Asked in Criminal Law for Nebraska on
Answered on Jul 27, 2018
Timothy Sopinski's answer
Yes, based on the numbers you listed. A minimum sentence means that he must serve at least 15 years before release. Since he is not parole eligible for 35 years, he will have already served the minimum amount of 15 years. Think of it as "must serve at least 15 years. . ." Parole eligibility is usually one half of the bottom number on a prison sentence. So for example, if a person is sentenced to 10 to 20 years, he would be parole eligible in 5 years.

Q: I was given a citation for being in the presence of weed and para without it being mine. Plead not guilty?

1 Answer | Asked in Criminal Law for Nebraska on
Answered on Jul 27, 2018
Timothy Sopinski's answer
If you're not sure what to do, a not guilty plea is always your best choice at your first appearance. After your not guilty plea, the case would be set for a trial or further hearing depending on what county you are in. At that point you can either have a trial or try to negotiate a deal with the County Attorney. At trial, the State will have the burden of proving that you were in possession of the weed and the paraphernalia. Keep in mind that possession doesn't necessarily mean that it was on...

Q: How strongly will my wife's recent DUI play in a custody dispute?

2 Answers | Asked in Divorce and DUI / DWI for Nebraska on
Answered on Jul 23, 2018
Vanessa Jean Gorden's answer
It depends. Obviously, the DUI may affect her ability to transport the children to daycare/school/activities, which would be of consideration. If she is a habitual alcohol user and your children are young, the Court may consider it. Certainly, if she had the children with her while driving under the influence, a case can be made for abuse/neglect. If it was a one-time lapse in judgment, however, it may not have much effect at all. Your best bet is to visit confidentially with your attorney...

Q: How do i file grievance on police officers? And doctors causing more pain and mental anguish& financial crisis.

1 Answer | Asked in Personal Injury, Civil Rights, Health Care Law and Medical Malpractice for Nebraska on
Answered on Jul 19, 2018
Peter Munsing's answer
Unlikely to succeed as there was an OD, mental anguish is not favored by the courts in any state and is viewed hypertechnically, and "financial crisis" generally means they rocked your house of cards, it fell, but courts say unless they caused an injury that of itself took you out the fact that you were, for example, too depressed by what happened to work so your house went into foreclosure is too far away from what they did, "too attenuated." But why not get a consult from an attorney in the...

Q: while I was in jail my 2 kids where placed with my mother by the state. my mother and I are not on good

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Nebraska on
Answered on Jul 5, 2018
Julie Fowler's answer
If you know what county the action was in, you can likely found out the court case number and what the final order was.

Q: Child has reported child abuse to guidance counselor and was told to deal with it. Is that failing to resport abuse?

1 Answer | Asked in Family Law and Domestic Violence for Nebraska on
Answered on Jul 5, 2018
Julie Fowler's answer
You have a duty to report child abuse or neglect. To report child abuse or neglect, you can call the Nebraska Child Abuse hotline at 1-800-652-1999. Especially if you feel someone else may have failed to report the abuse or neglect, you still have a duty to report if you have knowledge that a child is being abused or neglected.

Q: The state took all the money From our account for my child support payments but it was my husband's money from SSI

1 Answer | Asked in Child Support for Nebraska on
Answered on Jun 30, 2018
Julie Fowler's answer
Social security funds have rules that exempt them from most types of collection actions. When these funds are co-mingled in an another's account or joint account, it becomes more complicated. When a person's funds are frozen in a child support garnishment action, the person can request a hearing to dispute the garnishment. At the hearing, the person can present evidence as to why the amounts should not be garnished. You only have a few days to request the hearing or the money will be...

Q: How long does it take to get court date after submitting contempt of court motion. Filed on June 13 District Nebraska.

1 Answer | Asked in Divorce for Nebraska on
Answered on Jun 28, 2018
Julie Fowler's answer
Depending on the court and judge, a party that files an affidavit and application for contempt may also need to contact the court for a hearing date, prepare an order for show cause, prepare a praecipe for service, and send the summons and contempt action to the sheriff for service. Depending on your court and judge, you may need to do some or all of these things or sometimes something else that the particular judge requires.

Q: Best way to go about getting full custody

1 Answer | Asked in Child Custody for Nebraska on
Answered on Jun 26, 2018
Julie Fowler's answer
In order to obtain a court order granting you custody, you have to file a custody action. If the father's paternity has legally been established (generally by being married to the mother, previous court order, or by having signed a notarized acknowledgment of paternity to have his name included on the birth certificate), then the father's rights are generally equal to the mother's unless and until a court order states otherwise. If no legal paternity has been established, then the mother has...

Q: If you have a 50/50 plan can you one day move and get primary physical?

1 Answer | Asked in Divorce and Child Custody for Nebraska on
Answered on Jun 22, 2018
Julie Fowler's answer
To ask the court to change the custody from joint custody to sole custody, the parent generally has to file a complaint to modify. For the court to grant the request to change custody when the other parent objects, the parent would need to show that there has been a material change in circumstances and that a change in custody is in the minor child's best interest. In general, the judges are hesitant to take away a parent's joint custody if the child is overall doing well in a joint custody...

Q: How can I get custody of my son . his mom don't let me see him & has no communication with me But let's my mom have him

1 Answer | Asked in Child Custody for Nebraska on
Answered on Jun 18, 2018
Julie Fowler's answer
To ask the court to enter an order regarding custody and parenting time, you would file a paternity/custody action with the Court. The court will then determine which parenting has custody and grant the other parent set parenting time with the child. The court could also determine that joint custody is appropriate and grant both parents equal parenting time with the child. Generally the longer you wait to file your action to ask the court to order parenting time with your child, then harder...

Q: Does my sons dad have any rights to our son?

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Answered on Jun 18, 2018
Julie Fowler's answer
A father has equal rights to their child as the mother once paternity is established. In Nebraska, paternity is generally established in one of three ways: signing a notarized acknowledgement of paternity to have his name added to the birth certificate, being married to the mother at the time of birth, or by a court order. Generally, until paternity is legally established, a father does not have legal rights to the child.

Q: I was informed when my father passed 2 plus years ago that me and my 2 siblings were to get part of his Inheritance

1 Answer | Asked in Family Law for Nebraska on
Answered on Jun 18, 2018
Julie Fowler's answer
You could start by contacting the clerk of the probate court of where your father deceased to see if there is a probate court case number under his name and date of death.

Q: My child's father does not have a bed for my child. What should I do? Who should I contact?

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Answered on Jun 18, 2018
Julie Fowler's answer
To ask the court to enter an order setting forth who has custody of the child, when each parent has parenting time, among other parenting-time related issues (such as specifically stating that the child must have his own bed to sleep in), you would file a custody action. Within the custody action, the court would enter orders addressing custody, parenting time, and related issues. The Court would likely order both parents to attempt mediation as part of the court case to try to work some or...

Q: My father was picked up from I.C.E sentenced for 4 yrs, then will be deported is it too late get a lawyer?

1 Answer | Asked in Family Law and Immigration Law for Nebraska on
Answered on Jun 3, 2018
Carl Shusterman's answer
Was he convicted of a crime? If so, what was the crime?

See an immigration attorney before he gets deported. He is entitled to a hearing before an Immigration Judge.

Carl Shusterman

www.shusterman.com

Q: I got charged with assault and battery will that hurt me for getting a green card

1 Answer | Asked in Immigration Law for Nebraska on
Answered on Jun 3, 2018
Carl Shusterman's answer
If you are convicted, the answer is yes. Assault and battery is a crime of moral turpitude. You need a criminal attorney and an immigration attorney.

Q: My daughter is 18 and is now living on her own and going to college why would I have to continue to pay child support?

1 Answer | Asked in Child Support for Nebraska on
Answered on May 17, 2018
Vanessa Jean Gorden's answer
The age of majority in Nebraska is 19 years old. Even if your daughter is attending college, legally both parents are still responsible for her until she reaches the age of majority. However, if the former custodial parent is not providing support for her, you may wish to modify your support order to pay directly to your daughter versus paying the other parent. However, if the other parent is providing for her (by way of example, health insurance, tuition, rent, cell phone, car, etc.) and is...

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