Nebraska Questions & Answers by Practice Area


Nebraska Questions & Answers

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...
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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.
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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.
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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...
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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
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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.
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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...

Q: Risks and Pitfalls of Marrying while on Tourist Visa?

1 Answer | Asked in Immigration Law for Nebraska on
Answered on Apr 28, 2018
Carl Shusterman's answer
Under the Trump Administration, if you are going to get married to someone you is here on a B-2 tourist visa, it is best to wait until they have been in the US for 90 days before getting married.

Q: Risks and Pitfalls of Marrying while on Tourist Visa

1 Answer | Asked in Immigration Law for Nebraska on
Answered on Apr 28, 2018
Carl Shusterman's answer
Under the Trump Administration, if you are going to get married to someone you is here on a B-2 tourist visa, it is best to wait until they have been in the US for 90 days before getting married.

Q: 19 yr old son attending college and support ended. How to I get child support for him since I am still supporting him?

1 Answer | Asked in Child Support for Nebraska on
Answered on Apr 25, 2018
Vanessa Jean Gorden's answer
You cannot get support for your child from the other parent because he is a legal adult at the age of 19 and neither of you have any legal obligation whatsoever to support him through college. Some parents do and some don’t but it is not required by any law, with the possible exception of if you had agreed to it prior to him turning 19 and the judge had accepted the agreement and ordered it. At this time though you cannot do it after the fact. Best wishes.

Q: What kind of options might I have when my Employer is over paying me, but isn't fixing the issue causing it?

1 Answer | Asked in Employment Law for Nebraska on
Answered on Apr 14, 2018
Susan Chana Lask's answer
Since it's tax filing time this week, the first issue that hits me with your question is they will report the overpayments to the IRS, and it raises your tax liability.

You can write a check to the company for the overpayment amounts, but that will not resolve the fact that they are reporting more money paid to you to the IRS on your W-2s or 1099s-depending how they pay you. It also will not resolve the fact that they keep overpaying you.

You should make sure you send your...

Q: How would I go about getting custody of my daughter that lives in another state?

1 Answer | Asked in Child Custody for Nebraska on
Answered on Mar 19, 2018
Vanessa Jean Gorden's answer
If your daughter has resided in Oklahoma for at least the past 6 months and there is no current custody order, you will need to file for custody in Oklahoma as that is the only state that has jurisdiction pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act. As such, you will need to talk to an OK attorney who knows the law and procedures there. If you cannot afford a lawyer, you may be able to qualify for Legal Aid or similar services in that state. You may also be able to do...

Q: Scenario; tenant sues liable against landlord for injury, is property owner liable if tenant injured on property?

1 Answer | Asked in Landlord - Tenant for Nebraska on
Answered on Mar 14, 2018
Salim U. Shaikh's answer
If the matter is of negligence on the part of tenant then LL is not liable. However, where injury caused due to some defective construction work and is in knowledge of LL who agreed to look into it but does not accomplish task within a reasonably short time then LL is liable and can be sued.

Q: My 17 year old daughter is pregnant. I want custody of baby or power of attorney. Is that possible? She will be 18 when

1 Answer | Asked in Family Law, Adoption and Child Custody for Nebraska on
Answered on Feb 13, 2018
Brendan Michael Kelly's answer
The child is not an adult until 19 in Nebraska. Power of attorney over the child that is not born is not allowed. You should contact social services and see about getting support for the medical delivery and the father will be required to pay for the medical share. The child once born should be turned over to you to raise at least until the mother is 19, or the father is given custody since he is an adult.

Q: I moved in with fam,leasees relocated and landlord is sueing but I have no where to go, what can I do?

1 Answer | Asked in Landlord - Tenant for Nebraska on
Answered on Feb 13, 2018
Salim U. Shaikh's answer
What are ground of LL suit? Let notice be received by you and defend your position. Court hopefully cannot throw you out without any cause. Meantime find another house to live in.

Q: My 16 yr old son backed into an unoccupied vehicle, then left without giving info. Does he need a lawyer for court?

1 Answer | Asked in Car Accidents, Criminal Law and Traffic Tickets for Nebraska on
Answered on Feb 11, 2018
Peter Munsing's answer
Yes. Find one who handles citations in that court. Make sure person was paid. Ask them for something showing they paid that your son can show the Court.

Q: How long of a sentence minimum-maximum does 3rd degree assault mutual consent carry

1 Answer | Asked in Criminal Law for Nebraska on
Answered on Feb 9, 2018
Brendan Michael Kelly's answer
It is a class one misdemeanor offense and carries 0 to 1 year in jail and/or a $1000.00 fine.

Q: if a person comes into anothers house thinking no one home and gets bittin by the homeowners pitbull is the homeowner

1 Answer | Asked in Personal Injury for Nebraska on
Answered on Feb 9, 2018
Brendan Michael Kelly's answer
A person who enters into your home without permission is an intruder and liable for any damage or injury they cause or sustain. Only if they had permission would the home owner be liable.

Q: can employer call doctor to verify the validity of dr. note? Mine did even though the note was valid

1 Answer | Asked in Employment Law for Nebraska on
Answered on Feb 2, 2018
Salim U. Shaikh's answer
Most employers get employees consent to verify such notes if they wanted. If your doctor's note was validated by the signatory, it added your reliability.

Q: My wife got third degree domestic assault. Nebraska. Class a misdemeanor. No past history. How long will no contact be?

1 Answer | Asked in Domestic Violence for Nebraska on
Answered on Feb 1, 2018
Brendan Michael Kelly's answer
The no contact is until the case has been resolved unless the court allows the contact. My suggestion is that you have her lawyer remove the no-contact order or if your the alleged victim you speak to the prosecution and her lawyer about having it removed. A good criminal lawyer should be the person you consult with.

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