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I would like to know about my grandparents' rights to see my granddaughter. Currently, her father has custody, and my daughter, the child's mother, suffers from mental illness. Previously, I had my granddaughter with me three days a week, but since the father filed an emergency ex parte... View More 
answered on Mar 8, 2025
Nebraska is one of the states that allows you to file a grandparent visitation action. One of the main statutes is Nebraska Revised Statute 43-1802.
https://nebraskalegislature.gov/laws/statutes.php?statute=43-1802
It isn't clear from the information in your question if you... View More
I'm trying to appeal a custody hearing decision in Nebraska due to inaccuracies in the plaintiff's income reported and travel costs calculated in the child support worksheet. The monthly income on the worksheet is nearly double the actual amount, and travel costs only account for one... View More
answered on Mar 8, 2025
The notice of intent to appeal is not magical - it just states that an appeal is on its way. However, it will be important that fees and costs be paid, etc. so the matter is not dismissed. Nebraska has a really good citizens' guide to appellate courts here:... View More
I'm trying to appeal a custody hearing decision in Nebraska due to inaccuracies in the plaintiff's income reported and travel costs calculated in the child support worksheet. The monthly income on the worksheet is nearly double the actual amount, and travel costs only account for one... View More
answered on Mar 8, 2025
Especially if your case when to trial, there are other methods to challenge the order besides the appeal. One of the most common is a motion for new trial. A motion for new trial goes back to the same judge that made the ruling but also gives that judge a chance to take a look at the order again... View More
On March 10, 2022, my 18-year-old son was involved in a car accident on an icy/snowy morning. He was uninsured at the time. While driving through a tee intersection without a stop sign, he was hit by another insured driver, resulting in his truck being totaled. Information was exchanged per police... View More
answered on Mar 16, 2025
As my colleague advises, it could worth reviewing things more closely and exploring whether a counterclaim might be worthwhile. According to your post, there is no official report. So Progressive's determination in all likelihood arose from their own insured's statement. Based on the... View More
On March 10, 2022, my 18-year-old son was involved in a car accident on an icy/snowy morning. He was uninsured at the time. While driving through a tee intersection without a stop sign, he was hit by another insured driver, resulting in his truck being totaled. Information was exchanged per police... View More
answered on Mar 16, 2025
Addendum - Just an added consideration. Hopefully, something on the scale of $7,200 in damages would not make it to trial. But if it was not successfully disposed of in pre-trial, that element of not having insurance might not necessarily endear your son to the court. Something to think about in... View More
I was recently charged with possession of less than an ounce of marijuana in Nebraska. This is my first offense, and I believed I was purchasing Delta 8, which is legal in the state. The incident occurred in my car, and I was cooperative with law enforcement. I have not sought any legal... View More
answered on Mar 6, 2025
If it is less than an ounce, it would be an infraction -- like a parking ticket -- and a fine. Under most circumstances, I would just pay it. (You could not even test the hemp to see the amount of Delta 9 in it for less than the fine.) If it is over an ounce, and certainly if it is over a pound... View More
Possession and paraphernalia of thc. In Nebraska, I live in Missouri.
Since it’s only a final offense for the first charge, they do not run a diversion program in the county it was Charged It subsequences can result in jail time. Am I eligible for a Court appointed attorney? And if so,... View More
answered on Mar 2, 2025
I'm not sure I completely understand your question. I think you are charged with possession of marijuana and paraphernalia. It also appears that this is your first offense in Nebraska.
Under Nebraska Revised Statute 28-416(13), possession of less than one ounce of marijuana is an... View More
Possession and paraphernalia of thc. In Nebraska, I live in Missouri.
Since it’s only a final offense for the first charge, they do not run a diversion program in the county it was Charged It subsequences can result in jail time. Am I eligible for a Court appointed attorney? And if so,... View More
answered on Mar 3, 2025
Marijuana under an ounce is an infraction and fine. Same for paraphernalia. They do not appoint free public counsel unless you're facing jail time. Make an offer to plead guilty to one and they may drop the other. Then just pay the fine. You can ask it get set aside in 3 years. Probably... View More
I recently had someone kick in my door. I later received a text message from a girl saying, 'How's your screen door?' This person has previously egged my car, and I have video evidence of that incident. I've reported the door-kicking incident to the police but only recently... View More
answered on Mar 2, 2025
The answer to your question depends upon whether the text message from the purported vandal constitutes "probable cause" to believe the person committed a crime. The Fourth Amendment mandates that an arrest be justified by probable cause to believe that a person has committed or is... View More
I have a query about a situation where a person with a traumatic brain injury, diagnosed with chronic traumatic encephalopathy (CTE), left a recorded voice message that was interpreted as a threat. They went to bed afterward and were arrested the next day. This person has had previous interactions... View More
answered on Feb 25, 2025
It is unfortunate that person was arrested, but the standard for arrest is simply probable cause that a crime occurred. The Fourth Amendment mandates that an arrest be justified by probable cause to believe that a person has committed or is committing a crime. A person commits the crime of... View More
I own a rental property and I'm considering transferring it under my newly formed LLC. I haven't consulted anyone about this yet. My main concerns are tax benefits and business advantages. Specifically, I want to know if there would be more tax advantages or potential expense write-offs... View More
answered on Feb 17, 2025
Have you tried reaching out to the Nebraska Business Development Center through the University of Nebraska? You can request a free consultation to learn more about business planning and development:... View More
I own a rental property and I'm considering transferring it under my newly formed LLC. I haven't consulted anyone about this yet. My main concerns are tax benefits and business advantages. Specifically, I want to know if there would be more tax advantages or potential expense write-offs... View More
answered on Mar 3, 2025
I was just talking with a CPA on this very issue today. There are, in my opinion, a number of reasons to consider an LLC with the leasing of real property. First reason, however, is limited liability and protection of personal assets. Second, while an LLC does not have corporate formalities, the... View More
I owned a home in Nebraska before marriage, where we lived after getting married. We later moved to another home. I purchased the initial home for $200,000, and at the time of marriage, its assessed value was $250,000, with a remaining mortgage of $150,000. There was no prenuptial agreement, and... View More
answered on Feb 17, 2025
The burden to prove a pre-marital asset or pre-marital equity is on the spouse claiming the pre-marital equity. The more you can show that that the asset/equity has been kept separate and is traceable to the pre-marital asset/equity, the easier it is to convince the judge to award you the... View More
I owned a home in Nebraska before marriage, where we lived after getting married. We later moved to another home. I purchased the initial home for $200,000, and at the time of marriage, its assessed value was $250,000, with a remaining mortgage of $150,000. There was no prenuptial agreement, and... View More
answered on Feb 15, 2025
Well, it depends. Did your spouse contribute to increasing the home value? Pay for renovations? Did marital money (any income earned by either spouse in marriage) get spent to increase value or pay on mortgage? What is the total monies in marital estate and money available to both sides? Are there... View More
answered on Jan 27, 2025
Child support generally terminates when a child reaches the age of majority. In Nebraska, the child support ends when a child turns 19 years old. If you did not make the child support payments timely when the children were minors, you will still owe the back child support, including the... View More
answered on Jan 28, 2025
In Nebraska child support generally ends at 19 years old when the child becomes an adult under the law. In some cases parents may extend this by agreement such as for special needs children who will require care as adults. If you are paying on arrearages (past due), the answer is no- all support... View More
If someone is arrested on a warrant for auto theft and drugs are found on them, but the auto theft charge is dismissed because he didn't commit the crime, did the police have probable cause to search him?
answered on Jan 22, 2025
It would still be possible to have probable cause even if the related charge was ultimately dismissed. You would have to look at the overall factors. Potentially probable cause could still exist. The defendant would want to review and discuss with the criminal defense attorney a possible motion... View More
answered on Jan 22, 2025
If a person is legally incompetent, you can file a guardianship and/or conservatorship action to ask for the court to grant another person legal authority (guardianship) to assist the protected person. You would need to contact local counsel to find out the retainer for the guardianship action.... View More
answered on Jan 21, 2025
Your best bet to get this question answered would be to schedule a confidential consultation with an attorney who regularly handles guardianship in the location in question. How much a court case costs depends on a number of factors, including whether anyone is likely to contest the matter;... View More
Two 20-life charges how much time will I have to do
answered on Jan 20, 2025
He needs to speak with his criminal defense attorney. The charges inform you of the minimum and maximum potential penalties. The likelihood that he will be convicted or the actual range of the likely sentence depends on the specific facts. If it looks like he will likely be convicted, it is not... View More
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