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