Nebraska Questions & Answers by Practice Area


Nebraska Questions & Answers

Q: Understanding a "order for hearing " regarding guardianship of a Minor child.

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Answered on Dec 13, 2018
Julie Fowler's answer
Sometimes the Court enters an order to tell the parties of a hearing date that the parties are ordered to appear at. Sometimes these orders also state other court orders that the parties must follow. I'm not sure if that is what is happening in your case as you would have to know the facts of your specific case and what the order actually says.

Q: My ex is moving to Europe and wants to bring the dog that we co-parent. Can I stop him?

1 Answer | Asked in Family Law for Nebraska on
Answered on Dec 11, 2018
Julie Fowler's answer
Pets are technically personal property. That being said, you will at times see a court enter a custody type order regarding pets in a divorce. It is possible to bring an action regarding a pet before the court to try to stop the other party from taking away your personal property (in this case the dog).

Q: How long does a sposal visa take & what does it cost

1 Answer | Asked in Immigration Law for Nebraska on
Answered on Nov 24, 2018
Ms Grace I Gardiner's answer
Recently it has been taking two to three months for a spousal visa if the spouse is in the USA otherwise it can take up to a year.

It also depends on whether waivers are needed

The cost depends on where your spouse is located and whether you need a cosponor or whether your spouse needs a waiver.

Please contact us directly for pricing information

Q: Who is financially responsible for injuring someone while delivering pizza, driver or employer?

1 Answer | Asked in Personal Injury and Car Accidents for Nebraska on
Answered on Nov 20, 2018
Brendan Michael Kelly's answer
You as the driver are responsible for the accident and the lawyer is likely to come after the pizza place to have them recover as well.

Q: Can my fiance move out of her parents house at 17 and live with me if we move out of state?

1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for Nebraska on
Answered on Nov 5, 2018
Brendan Michael Kelly's answer
No. She is considered a child until age 19 or her marriage.

Q: Is it illegal for a 17 year old to hit someone younger than them in self defense?

2 Answers | Asked in Foreclosure, Insurance Defense and Divorce for Nebraska on
Answered on Nov 5, 2018
Julie Fowler's answer
Striking a child can be assault and/or child abuse. One affirmative defense to such charge can be self-defense, no matter the striker's age. The Court could take into consideration the actor and victim's age when deciding whether a crime occurred and whether there is an affirmative defense against being convicted of the crime.

Q: I wrote a story and a radio station wants to play it on the radio. Should I sign the release form giving them copyright?

2 Answers | Asked in Copyright and Intellectual Property for Nebraska on
Answered on Nov 2, 2018
Andrew Zulieve Esq's answer
I would have the release carefully reviewed by a copyright attorney. Depending on the language in the release, it is possible that you are assigning (giving up for all time) at least one and maybe all of your bundle of exclusive copyright interests. Since it appears that you do not want to do that, you might consider giving your director friend a non-exclusive license which, when terminated, would automatically terminate any copyright licensed by that agreement. Good luck with your efforts...

Q: N-400 denied because of failure to establish the residence requirement. Appeal?

1 Answer | Asked in Immigration Law for Nebraska on
Answered on Oct 31, 2018
Ms Grace I Gardiner's answer
Unless you have additional documents to prove otherwise it does not make sense appealing. He needed to be present in the USA for 18 months before applying. Every time he stayed out more than 180 days before returning you had to start counting towards the five year presence

Q: How do I have clerk take notice of Fed.R.Civ.P Rule 60 (a)?

2 Answers | Asked in Family Law and Child Support for Nebraska on
Answered on Oct 29, 2018
Vanessa Jean Gorden's answer
The Federal Rules of Civil Procedure do not apply to family law cases, first of all. Each state's domestic relations statutes and court rules govern family law cases. Second, the clerk does not "take notice" - the Judge may take judicial notice of prior orders in the case where it is appropriate and requested. You will want to consult with a local attorney regarding the status of your case. Please note that regardless of what you filed, if there is not an Order signed by a Judge or Appellate...

Q: I found out my name & my sibling name was added to parents home deed, we didn't sign anything. Should I worry?

1 Answer | Asked in Personal Injury and Real Estate Law for Nebraska on
Answered on Oct 28, 2018
Peter Munsing's answer
Depends how it's added. May be good or not. I think you need to consult an attorney for the way it should be that would be best.

If you and sib are tenants by the entireties with right of survivorship" it can be good but may have consequences. Speak to an attorney.

Q: Need help resolving 2yr old warrant. Moved Outta State. Not sure y I have it. I had already served my jail time 4 it.

1 Answer | Asked in Criminal Law for Nebraska on
Answered on Oct 23, 2018
Brendan Michael Kelly's answer
Contact a good criminal lawyer in Omaha a should be able to discover and help you clear up the warrant. We have been able in the passed to have such matters resolved without the clients having to appear. A good criminal lawyer should be able to assist you in this type of action.

Q: My sister was indicted and her paperwork read that she sold 167 ozs of meth to a man she has never met! Her charge is

1 Answer | Asked in Federal Crimes for Nebraska on
Answered on Oct 18, 2018
Gary Kollin's answer
Seriously, how can any internet attorney opine with those flimsy facts?

She has an attorney. She should listen to her attorney's advice.

Q: Should I pay the closing costs for my ex husband to refinance the home in his name?

2 Answers | Asked in Divorce for Nebraska on
Answered on Oct 10, 2018
Vanessa Jean Gorden's answer
The answer lies in your Divorce Decree. If it says you are responsible to help pay those costs, you are. If it does not say that, don't do it. It's really that simple. If the Decree makes him responsible to refinance, he has an obligation to do it if it's at reasonable cost and he could be subject to contempt if he does not do so. If you have questions about how to interpret your Decree or whether you may have a contempt action if he fails to refinance, you should either contact the lawyer who...

Q: Got pulled over, I think an illegal search was conducted.. Please help and answer my question.. From Plattsmouth, Ne

2 Answers | Asked in Criminal Law for Nebraska on
Answered on Oct 9, 2018
Gary Kollin's answer
There are issues which need to be litigated. You need to hire an attorney YESTERDAY.

You need to start working in this now

Q: How do judges handle chronic custodial interference?

1 Answer | Asked in Family Law for Nebraska on
Answered on Oct 5, 2018
Julie Fowler's answer
The general process to enforce court-ordered parenting time that the other parent is denying is to file a contempt action. The other parent can be ordered up to 6 months jail time for failing to following the court's order. Whether the court will order such or instead something like make up parenting time or an order to reimburse costs for travel expenses when didn't get to see the children after traveling for a visit, depends on the facts and the judge assigned to the case.

Q: Solid financial information for sponsoring a fiance?

1 Answer | Asked in Immigration Law for Nebraska on
Answered on Sep 19, 2018
Hector E. Quiroga's answer
The $16,400 figure is for active military service members who are sponsoring a spouse or minor child. It is 100% of federal poverty for a household of 2. 125% of federal poverty for a household of two is $20,575. For a household of four it is $31,375. It doesn’t matter how many jobs you have, so long as you meet the obligation. You can also include assets or get a joint sponsor.

Q: Hi I’m wondering how go by bringing my husband back on a visa he was charge with conspiracy did time then deported

1 Answer | Asked in Immigration Law for Nebraska on
Answered on Sep 17, 2018
Kevin L Dixler's answer
Some parents can never return to the U. S. There are times when exceptional work is undertaken with quite a few hours invested to overcome a permanent bar. A conspiracy to commit a crime can be a permanent bar without substantial work and patience. This, to prove to the satisfaction of the USCIS that a situation exists. This requires relevant documentation. This also takes more time than clients expect.

This seems like a job for an immigration attorney. As a result, I strongly...

Q: Do I need a lawyer?

1 Answer | Asked in Criminal Law and Juvenile Law for Nebraska on
Answered on Sep 12, 2018
Julie Fowler's answer
This is something that a criminal defense attorney or public defender normally handles. The more proof you have to show that you believed he was being discharged from school, the easier it will be to defend this case. For example, did he send you a text saying is being sent home from school? Does he have a history of skipping school that you weren't aware of, etc?

Q: Can criminal charges be put on some one committing adultery?

1 Answer | Asked in Criminal Law for Nebraska on
Answered on Aug 30, 2018
Brendan Michael Kelly's answer
You would have to make a report it to law enforcement.

Q: Can tempary Insanity be used as a defense of domestic violence adultery was involved?

1 Answer | Asked in Family Law for Nebraska on
Answered on Aug 30, 2018
Brendan Michael Kelly's answer
Not likely, my suggest would be to file and seek custody. If you already have a DV case filed against you, you will want to defend that first.

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