Nebraska Questions & Answers by Practice Area


Nebraska Questions & Answers

Q: Can I file a motion to dismiss if the plaintiff's attorney did not file his cross complaint within the time allotted?

1 Answer | Asked in Family Law for Nebraska on
Answered on Nov 6, 2017

If Plaintiff does not file his cross complaint within time his right to defend can be struck off by the Court.
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Q: Does there need to be a Possession, or controlled buy in order to be indicted?

1 Answer | Asked in Federal Crimes for Nebraska on
Answered on Oct 27, 2017

There does not need to a actual possession or a controlled buy in order to be indicted for example a conspiracy to distribute a controlled substance or the aiding and abetting the distribution of a controlled substance. All the elements of each crime still have to be proven beyond a reasonable doubt which would require an analysis of the evidence and indictment. Further, whether people are telling truth ultimately has to be decided by a jury at trial. Please contact my office if you have...
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Q: My ex boyfriend grabbed my daughter and took off with her. I haven’t heard from them since. Is there anything I can do?

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Answered on Oct 13, 2017

If you were hurt when he elbowed you and pushed you you should call the police and get him arrested for assault and then you will have law enforcement help getting your child back. Otherwise without a criminal matter the police will not be involved and if he is the father of the child it is not kidnapping. If an existing custody order is in place then he may have violated it. Get the cops involved for the assault is the fastest way to get your child back. Cops won't enforce custody orders.
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Q: Which is better to copyright or trademark?

1 Answer | Asked in Copyright and Trademark for Nebraska on
Answered on Oct 10, 2017

Hello. Copyright and trademark are completely different types of protection for different types of intellectual property. A copyright is intended to protect forms of creative expression. We typically think of movies, books, songs, pictures and things like that, though copyrights are also used for computer programs and other forms of expression. Meanwhile, trademarks are used to protect words, phrases, logos, etc., specifically as they are used in the commercial offering of products and...
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Q: Could I sue my former boss or the bars involved in my accident?

1 Answer | Asked in Personal Injury, Criminal Law and Employment Law for Nebraska on
Answered on Oct 9, 2017

Contact a member of the Nebraska Assn for Justice who handles workers compensation and employment cases. You may have several potential claims depending on the laws of your state.
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Q: what happens if child support services force you to file a claim for child support when you don't want to?

1 Answer | Asked in Family Law and Child Support for Nebraska on
Answered on Oct 3, 2017

Consult Attorney of you local jurisdiction for specific answer. Why don't you formalize the issue???
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Q: A friend wants to move out but doesn't know if she will be forced home...help?

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Nebraska on
Answered on Sep 30, 2017

On turning 18, none can force her to move back home ... She can convice the judge otherwise ... there can't a decision at her back..
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Q: My question is my fiance went to our vets and told them some story and got the billing change to his name and had it

1 Answer | Asked in Family Law and Animal / Dog Law for Nebraska on
Answered on Aug 21, 2017

You need to get a lawyer involved to obtain the dog(s) so that he does not take them. If you have proof than you should be able to get them back. Timing is essential for getting the dog(s) back. You may also have certain rights as regards other mutual property.
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Q: Can I give temp.gaurdianship and custity of my kids to my mother without getting a layers involved ?

1 Answer | Asked in Family Law and Juvenile Law for Nebraska on
Answered on Aug 14, 2017

If you are the only parent on the birth certificate you can provide guardianship to your mother. If another parent is involved than they would have to sign off in theory. This would allow her to send the kids to school, medical needs, etc..
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Q: My son is 19 girlfriend is 17 1/2 and they have a 3 month old son they want to leave NE and move to NC can they?

1 Answer | Asked in Family Law and Juvenile Law for Nebraska on
Answered on Aug 14, 2017

If she leaves without her parents permission they she can be in trouble. The age to be an adult in NE is 19. So the answer is Son can go, but daughter has to be get permission or wait til she is old enough.
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Q: If my child was taken away from the mother and not placed in my home after 3 1/2 years im still on supervised visits

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Answered on Aug 14, 2017

The best advice I can give you is to get a lawyer. The court should have awarded you custody if the child was taken from the other parent. With a lawyers help and advice you should be able to regain custody.
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Q: If I asked for a modifcation of my child support and. Decide to dismiss the case can the other party continue it ?

1 Answer | Asked in Family Law for Nebraska on
Answered on Aug 8, 2017

You could move to dismiss the action, but the other side depending on how far it progressed could move it forward. It is very easy to file a modification based upon a chance of circumstances. It is always best to talk to a lawyer to learn about the ramifications of any legal action.
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Q: How does abandonment work in Nebraska as far as parental rights

1 Answer | Asked in Family Law for Nebraska on
Answered on Aug 3, 2017

Sorry, but your question raises a number of issues and also concerns. It would be best for you to consult an attorney who should be able to get you the adoption you desire.
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Q: How much time does a judge have to make a ruling on a supression hearing misdemeanor charge?

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Nebraska on
Answered on Aug 2, 2017

While there is no set time limit, unless the party is in custody delays of months would likely be acceptable. The forcing the court to rule is not an real option since it will likely result in a denial by the court. The defense cannot even appeal the ruling until the defendant has been sentenced.
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Q: Who is responsible for registration tags affixed 60-399 on licence plate of company vehicle driven by employee

1 Answer | Asked in Car Accidents, Employment Law and Traffic Tickets for Nebraska on
Answered on Aug 2, 2017

The owner of the vehicle or the company. Any licensed driver of the vehicle would be held responsible for any violations. The company may later be subjected to civil suit for any violations they subjected an employee to.
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Q: How many officers can be present in view of genital during dui urine test, can a woman officer be present male suspect

1 Answer | Asked in DUI / DWI for Nebraska on
Answered on Aug 2, 2017

While the regulations don't set a number only one party of the same sex should be present. More may not invalidate the test, but may lead to other litigation.
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Q: Using the turning lane to pass when both right lanes are blocked by a const. truck protected by a police car.

1 Answer | Asked in Traffic Tickets for Nebraska on
Answered on Jul 31, 2017

I hate to say it but it likely is illegal. I may not be if you come to a complete stop and than proceed forward, at least that would be the argument to the prosecution.
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Q: Can my 18 year old daughter be adopted by her step father? She has been asking for a few years.

1 Answer | Asked in Adoption for Nebraska on
Answered on Jul 27, 2017

In Nebraska a child is not an adult until the age of 19, but that may work to your advantage if you act prior to her becoming an adult. Get in touch with a good lawyer here on Justia and they should be able to help you.
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Q: What rights does my babys dad have?

1 Answer | Asked in Family Law, Child Custody and Child Support for Nebraska on
Answered on Jul 27, 2017

Both parties have full rights to a child if not court order is in place. Since he is not on the birth certificate he would have to go to court and establish paternity before the court or police would all him any rights. The advantage to you is that the he could be order to pay support. The disadvantage is he would/could have more contact with the child down the road.
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Q: Can my ex keep taking me back to court just because she doesn't like who I'm with and doesn't want them around my kids.

1 Answer | Asked in Divorce and Child Custody for Nebraska on
Answered on Jul 27, 2017

Short answer is yes,since the standard is best interest of children. Habits, history and other problems can be shown to the court. Best to get a lawyer and seek to recover your costs as frivolous litigation.
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