Lawyers, Answer Questions  & Get Points Log In
Nebraska Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Nebraska on
Q: My friends daughter was taken from Idaho to Washinton and landed in Nebraska. They have a parenting plan issued by idaho

They both have legal custodial and physical custody with the father having 4 out of 7 days giving him primary custodial care. He went to jail for domestic violence against his girlfriend and 4 accounts of misdemeanors for the children. His mom is there now and we think she is trying to get... View More

Julie Fowler
Julie Fowler
answered on Sep 22, 2023

The first question when dealing with interstate issues is usually jurisdiction. Generally, the Court that entered the original order is the Court that continues to handle the custody case until both parents have moved from that state. Thus, if the order was issued in State A and there is at least... View More

1 Answer | Asked in Immigration Law for Nebraska on
Q: Can I apply for change of status if I get married on an ESTA

Hi. I came to the US on an ESTA visa to visit my boyfriend with the intent of staying for a month. I ended up rescheduling my flight ticket and staying longer. We are now only two weeks away from my 90-days being up and me having to leave to go back to Europe. We have decided to get married and I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2023

Entering the U.S. on an ESTA with the intent to marry and adjust status can be seen as visa fraud. It's crucial to follow the proper legal procedures and not overstay your ESTA. Consult with an immigration attorney to discuss your options and determine the best course of action, which may... View More

3 Answers | Asked in Child Custody and Family Law for Nebraska on
Q: In a custody order, judge noted I may “petition the court for immediate termination of visitation”. How do I do that?
Julie Fowler
Julie Fowler
answered on Sep 20, 2023

Depending on your facts, this could mean a number of different things. If this is a custody dispute between two parents, then the judge may be suggesting that you file for an emergency order of custody with a request to suspend the other parent's parenting time on an emergency basis. As far... View More

View More Answers

3 Answers | Asked in Child Custody and Family Law for Nebraska on
Q: In a custody order, judge noted I may “petition the court for immediate termination of visitation”. How do I do that?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 20, 2023

In Nebraska, to petition the court for the immediate termination of visitation as indicated in a custody order, you would initiate a formal request detailing your reasons for wanting the change. This involves drafting a petition stating your reasons, which should be grounded in the child's... View More

View More Answers

2 Answers | Asked in Child Custody, Divorce and Family Law for Nebraska on
Q: If a child has lived in the same state for 3 years and out of state parent wants primary, how likely is that to happen?

Our son has lived with me in one state for 3 years and my ex lives out of state. He is now asking for primary custody and wants to move son out of state. Son is doing incredible well here and always lived with me. What are the chances a judge would change to allow exp primary? These is no reason... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Sep 20, 2023

The person seeking to modify custody and remove a child from a custodial parent in Nebraska typically has a difficult road. They have to prove that (1) there has been a material and substantial change in circumstances since the initial custody order was entered, such as unfitness by the custodial... View More

View More Answers

2 Answers | Asked in Child Custody, Divorce and Family Law for Nebraska on
Q: If a child has lived in the same state for 3 years and out of state parent wants primary, how likely is that to happen?

Our son has lived with me in one state for 3 years and my ex lives out of state. He is now asking for primary custody and wants to move son out of state. Son is doing incredible well here and always lived with me. What are the chances a judge would change to allow exp primary? These is no reason... View More

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

The parent would have to prove that there is a material change in circumstances and that it is in the minor child's best interests to change custody. Generally, if a child is doing incredibly well, then the parent asking to change custody to move out-of-state may have an uphill battle to... View More

View More Answers

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: My apartment towed my car without telling me. It "was on a line". This sounds illegal. And I could've lost my job.

The towing company is costing me $232.25. This is unacceptable. Can I sue and reclaim my property?

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

You could try and you might be successful. You could challenge whether it was on the line or not. However, if a Court believes that your vehicle was parked in such a way that it was taking up two parking spots, then it would be unlikely that the Court would order the landlord to repay you for the... View More

1 Answer | Asked in Criminal Law for Nebraska on
Q: Can the judge proceed if a defendant doesn't understand the charges read to him/her?
Julie Fowler
Julie Fowler
answered on Sep 20, 2023

Yes, on some things, the judge can move forward on a criminal case even if the defendant does not understand. For example, if a party says they don't understand the charge, the Court can appoint a public defender to help the person understand the charges. If the person is believed to be... View More

1 Answer | Asked in Landlord - Tenant and Contracts for Nebraska on
Q: Ex landlord is trying to charge $2,000 and seized entire deposit.

So I moved out of my apartment with my brother and provided more than ample written notice with my landlord per they require. They accepted the notice and we vacated the apartment. We paid our rent and specifically stated in our move out notice that if we move out prior to the end of the month we... View More

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

You generally can't hold someone's mail because you believe that person owes you money. Tampering with someone's mail sent via USPS can come with stiff consequences under federal law. If you believe someone is holding or opening your mail illegally, you may want to contact your... View More

1 Answer | Asked in Small Claims for Nebraska on
Q: What is their legal recourse? Can they get any money from him for exposure to elements or cost of fixing it has gone up

My parents have a classic car that mechanic was supposed to work on in his free time with parts my dad supplied. That was 8 years ago!!!!!! Now the car is in this jokers home drive way in the elements!!! My parents are afraid what they owe him. I say, "NOTHING!!!!

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

If the parties had an agreement to perform work for compensation, then they have a contract. If one party (or both parties) believes the other party failed in performing their side of the contract, then they can file a court action for breach of contract. Depending on the specific circumstances,... View More

2 Answers | Asked in Family Law for Nebraska on
Q: So my 18 year old son just went off to college.my parents have guardianship over him I don't know how long they have

Guardianship for the bank sent me over the reliant card with a child support on it I'm not sure what to do so is he now and my custody

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

If you want to terminate the guardianship and the child is still a minor under Nebraska law, then you need to file an action with the Court to ask to terminate the guardianship. If no party is objecting, then the Court may be likely enter an order to terminate the guardianship case and thus... View More

View More Answers

2 Answers | Asked in Family Law for Nebraska on
Q: So my 18 year old son just went off to college.my parents have guardianship over him I don't know how long they have

Guardianship for the bank sent me over the reliant card with a child support on it I'm not sure what to do so is he now and my custody

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Sep 20, 2023

You will want to use the Nebraska.gov/Justice system to pull the public records of guardianship to see if it is still in place or has been terminated (this will cost a nominal fee). Your best bet is to visit with an attorney familiar with custody and guardianship to advise you on next steps. If... View More

View More Answers

1 Answer | Asked in Child Custody, Child Support and Family Law for Nebraska on
Q: 18 year oldyear old son has been living with his grandparents they have temporary guardiansship over hm he just went of

Went off to college so is that now mean that I have custody of him now because they sent the ReliaCard to me I don't know what to do

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

If you want to terminate the guardianship and the child is still a minor under Nebraska law, then you need to file an action with the Court to ask to terminate the guardianship. If no party is objecting, then the Court may be likely enter an order to terminate the guardianship case and thus... View More

1 Answer | Asked in Admiralty / Maritime for Nebraska on
Q: Why does the judge not answer ? Jurisdiction couny CT is CL/Meritime Admiralty? only two that have pwr to

How can one have a fair trial without knowing what jurisdiction rules apply? I was threatened with contemt for asking questions. I challenged personal jurisdiction /subject matter judge over ruled and I reserved my rights under ucc1-308 aka 2-201. I need to know sense my 1st amendment has been... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2023

It seems like you are in the middle of a complex legal situation where understanding the jurisdiction and rules applied in your case is crucial. You have also raised concerns about the violation of your first amendment rights and the overruling of your jurisdiction challenge by the judge.... View More

2 Answers | Asked in Criminal Law for Nebraska on
Q: Should my appointed attorney step down from my case if he was the witness/confidential informants lawyer in a past case?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 7, 2023

Whether your appointed attorney should step down from your case due to their prior representation of a witness or confidential informant depends on various factors. The primary concern is the potential conflict of interest. Attorneys are bound by rules of professional conduct that require them to... View More

View More Answers

2 Answers | Asked in Criminal Law for Nebraska on
Q: Should my appointed attorney step down from my case if he was the witness/confidential informants lawyer in a past case?
Julie Fowler
Julie Fowler
answered on Sep 20, 2023

Not necessarily. There are ethic rules that require an attorney to withdraw in certain situations, such as if there is a conflict of interest. Some conflicts are no-brainers. For example, you can't draft a contract for one party and then be hired by the opposing party later in a breach of... View More

View More Answers

2 Answers | Asked in Criminal Law for Nebraska on
Q: What if they are facing multiple felonies but the lawyer doesn't want to look up any facts or find evidence.
John Michael Frick
John Michael Frick
answered on Sep 5, 2023

Hire a professional licensed private investigator to investigate the facts and to provide competent admissible evidence to their lawyer. Private investigators are less expensive and specifically trained in providing such services and generally have fewer limitations on what they can legally do.

View More Answers

2 Answers | Asked in Criminal Law for Nebraska on
Q: What if they are facing multiple felonies but the lawyer doesn't want to look up any facts or find evidence.
Julie Fowler
Julie Fowler
answered on Sep 20, 2023

I generally agree with the other attorney.

Also, if you are not happy with the legal services you are currently receiving, it may be time to hire a different attorney.

Keep in mind that the court action includes a discovery process. It is possible that the attorney is waiting to...
View More

View More Answers

2 Answers | Asked in Traffic Tickets for Nebraska on
Q: If you get a ticket and have to go to court are you already charged or not until court
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 1, 2023

When you receive a ticket and are required to go to court, you have been formally charged with an offense. The ticket serves as a notice of the charges against you and a summons to appear in court to address those charges.

Going to court is part of the legal process where you will have the...
View More

View More Answers

2 Answers | Asked in Traffic Tickets for Nebraska on
Q: If you get a ticket and have to go to court are you already charged or not until court
Julie Fowler
Julie Fowler
answered on Sep 20, 2023

I agree with the other attorney.

However, your citation doesn't receive a court case number until the prosecutor actually files the charge with the court. In the Omaha-area, the prosecutors often don't file the court case until a couple of days prior to the hearing date. On a...
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.