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Nebraska Questions & Answers

1 Answer | Asked in Family Law and Child Custody for Nebraska on

Q: Can the father of the baby, take the baby out of state right after birth?

being 8 weeks pregnant, the babies father moved out of state. He wants to take the baby after birth and keep him/her for a month and then switch back when he feels. Is he legally allowed to take a baby after being born if there has been nothing court ordered or court documented besides the baby... Read more »

Julie Fowler answered on Jun 13, 2019

A father has parental rights in Nebraska when paternity is legally established. In Nebraska, paternity is established by being married to the mother when the child was conceived or born (legal presumption when married), by signing the birth certificate (technically the notarized acknowledgement... Read more »

1 Answer | Asked in Gaming and Small Claims for Nebraska on

Q: Can I sue my sister for her son who is 10 stealing from me or can I sue him it was almost 300$ which he used on a game?

About a month ago while watching my nephew while his mom was in new York he purchased almost 300$ worth of PlayStation virtual currency In a game called fortnite which overdrew my account in total changes it was 415.31 Initially she said she would pay me back but has now changed her mind after me... Read more »

Julie Fowler answered on Jun 10, 2019

Small claims court is designed exactly for this type of situation where there is a relatively low dollar request to repay due to a wrong. Many of the county courthouses have the forms available for you to pursue a small claims case on your own. It may make sense to handle this in small claims... Read more »

1 Answer | Asked in Real Estate Law for Nebraska on

Q: I recently got married. I bought my house 7 years ago on my own. Now that we are married, do we need to refinance?

We were told by a banker that we need to refinance within 30 months since we are now married. Is this true?

Julie Fowler answered on Jun 10, 2019

I am not aware of any laws that require a person to refinance their home due to getting married.

1 Answer | Asked in Landlord - Tenant for Nebraska on

Q: Can someone that is not the owner but is conservator/guardian of my grandmother, adjust and obtain rent of property.

In October my grandmother's oldest daughter was given conservator/guardianship over her. She placed my grandmother in an assisted living facility in Pender, NE. On October 21st she approached me with a month to month lease claiming herself as the landlord. In the lease it states she would follow... Read more »

Julie Fowler answered on Jun 10, 2019

When there is a lease and payments not being paid pursuant to the lease, the guardian/conservator often has a legal duty to pursue unpaid rents pursuant to the lease terms for the ward's property. The rents would go to the ward's estate and not to the conservator herself even though the... Read more »

1 Answer | Asked in Criminal Law for Nebraska on

Q: At Bond hearing for Paraphenalia i was granted OR but my release papers included Felony Possession, DUR, Paraphenalia.

Can charges within a few hrs just show up and wham I'm hit ?

Julie Fowler answered on Jun 10, 2019

It isn't clear from your question whether you have new charges or just a typo on your release papers. If you have new charges, the OR went automatically apply to the new charges if the judge only heard your earlier charges.

1 Answer | Asked in Criminal Law and Communications Law for Nebraska on

Q: When investigatory stop occurs thru pretext stop , do I only have to be informed of the pretext stop and not that invest

Do I not have to be informed that as need to exit my vehicle for inventory purposes although I was reinstate eligible that my vehicle was getting towed. I was not arrested and I was told I was getting citation after the inventory of my car. I left my work but evidently looked suspiciouse 7:00pm.... Read more »

Julie Fowler answered on Jun 10, 2019

Many times people consent to a search of their vehicle when requested by law enforcement. If a party consents to the search, it is difficult to be successful on an argument that law enforcement didn't have authority to search the vehicle when the party consented to the search. If you have been... Read more »

1 Answer | Asked in Business Law, Consumer Law and Lemon Law for Nebraska on

Q: I reside in Nebraska. I bought a car from a buy here pay herr as is no warranty. However, I don't want the car anymore.

I called and ask to speak to finance and the guy that sold me the car said he is finance. I understand that most have in house finance but is it legal to have a different business name associated with the same address as the dealership? They literally claim they are calling the finance company... Read more »

Julie Fowler answered on Jun 10, 2019

It is possible for a parent company to own both a car dealership and a financing company.

Unless the contract has a return policy, you can't generally return a used car after purchasing due to changing mind. If you can reach an agreement with the seller to allow the return, great. In...
Read more »

1 Answer | Asked in Constitutional Law and Criminal Law for Nebraska on

Q: I was arrested driving A uhaul the police would not release the property to my fiance claimed it was seized for 10 to 30

After investigation they won't release my property until all storage fees and impound fees are paid over $2000 Am I legally responsible for fees when they would not allow me to get it out of impound

Julie Fowler answered on Jun 10, 2019

The law generally allows for impound fees to be required to be paid before releasing seized property.

1 Answer | Asked in Criminal Law and Traffic Tickets for Nebraska on

Q: Can you ask for another officer to be on the scene if you do not trust the one who pulled you over?

My ex girlfriends dad is a cop and I recently called her out on social media for cheating on me while not meaning to intend harm on her. Her mom messaged me and said "you dont know who youre messing with" (by the way is that considered a threat by law and is there anything I can do about it?) So im... Read more »

Julie Fowler answered on Jun 10, 2019

A person doesn't get to choose the law enforcement officer to interact with. That being said, if a law enforcement officer has a family member that is making threats, it may be time to seek a protection order or to report the incident to the law enforcement's internal affairs division.

1 Answer | Asked in Uncategorized for Nebraska on

Q: What should i do if i fear for my life and the person i fear lives close to me and works for my landlord

Julie Fowler answered on Jun 10, 2019

If a person is in fear of another person, one way a person can seek protection through the legal system is to file a protection order against the person. Often you can obtain the forms to file for a protection order at the county courthouse.

If a person is in true fear for their life, other...
Read more »

1 Answer | Asked in Child Support for Nebraska on

Q: For Nevada Lawyer. Can my husband's support order be lowered after we have our 2nd child?

Husband has another child that lives in Nevada and he was ordered to pay the minimum amount a month $100. Could he have his support lowered after we have our second child that is due this September? We live in Nebraska, I work and he is trying to get disability for his seizures so he stays at home.... Read more »

Julie Fowler answered on Jun 10, 2019

I don't practice in Nevada so I don't know have Nevada handles these. In Nebraska, the Nebraska Child Support Guidelines don't allow a reduction in child support for the reason of a subsequent child. Also, if a parent has alread been ordered the minimum order (in Nebraska it is generally $50),... Read more »

1 Answer | Asked in Family Law and Child Custody for Nebraska on

Q: Parental rights

I was denied placement of my disabled granddaughter by cps because of lame excuses that hold no merit. My granddaughter is now placed with a stranger. A licensed foster parent. Can the mother sign my granddaughter over to me? Maybe a Temporary Delegation of Parental Rights? If so. Do we need an... Read more »

Julie Fowler answered on Jun 6, 2019

If a child has been removed from a parent by the Court, the parent doesn't currently have the ability to assign rights to another party under a temporary delegation of parental powers. Only the Court can assign rights at this time. If the Court has placed the child in the custody of CPS, then CPS... Read more »

2 Answers | Asked in Family Law and Child Custody for Nebraska on

Q: What is my next step?

I have been trying to get approved to foster my disabled granddaughter since January. The state has drug this out for 5 months. I have done everything that they have recommended of me so that I could be approved. I was informed Monday that they have denied me. I have talked to two people that were... Read more »

Vanessa Jean Gorden answered on Jun 5, 2019

If your granddaughter is involved in juvenile court and foster care, you can Motion to Intervene as a grandparent. Your best bet is to visit with an experienced juvenile law attorney. You have a right to see your home study as well, so that you can address it in Court if necessary. At the very... Read more »

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2 Answers | Asked in Divorce and Family Law for Nebraska on

Q: I realized my husband has an affair with other woman cheated before, can I sue her before my divorce?

He told me he is visiting his family in Europe but he is there with her now. Can they be arrested for a crime when they come back?

Julie Fowler answered on Jun 4, 2019

Nebraska law has abolished the law that had given a spouse a right to sue the person the other spouse was cheating with for monetary damages.

Adultery is not a crime in Nebraska.

Nebraska is a no fault divorce state. Cheating in a marriage may be relevant as to alimony and...
Read more »

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2 Answers | Asked in Divorce for Nebraska on

Q: Rx-wife is continually in contempt of court per their parenting plan in which the judge enforced, but that judge wont

Hold her in contempt. What can I do legally?

Vanessa Jean Gorden answered on Jun 4, 2019

The answer will depend on your specific facts and the type of violation that is occurring. It may be that you will need to consider modifying the existing plan to clean up any unclear language that is giving her leeway. Your best bet is to visit with an experienced family law attorney who knows the... Read more »

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2 Answers | Asked in Family Law and Child Custody for Nebraska on

Q: Can my child's father take my children out of state for vacation if i don't give him permission to leave state?

I have full custody

Vanessa Jean Gorden answered on Jun 4, 2019

Unless your Parenting Plan specifically says he cannot leave a defined geographical area, he can travel freely during the confines of his scheduled parenting time. Many parenting plans include language about notifying for travel out of state, but do not require permission. However, if it is not... Read more »

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1 Answer | Asked in Divorce for Nebraska on

Q: If I already have started divorce proceedings and then my ex does whose divorce do they go by?

Julie Fowler answered on Jun 2, 2019

If divorce cases are filed in the same county, then the Court will generally go forward under the lower case number. The party who filed first may want to file a motion to dismiss the case filed second. If divorces are filed in two different courts, then it depends on the facts. If child custody... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Nebraska on

Q: Can a minor date an adult without any sexual relationship and still be legal?

My 16 year old daughter is talking to a 25 year old they are very close and he is a respectful man. They have never done anything sexual before they haven’t even went out on a date, they just FaceTime. Is this illegal?

Brendan Michael Kelly answered on May 30, 2019

It is not illegal for a minor to communicate with an adult. Yet, it is never an idea you want to allow! Only face time? How do you know? The adult is much too old and any thing other than normal conversation is likely to get him in grave trouble. Don't allow this type of communication Ever.

1 Answer | Asked in Tax Law for Nebraska on

Q: My son lives in and pays mortgage on a house that is in my name. Can I deduct the interest on my taxes? He does not.

Bruce Alexander Minnick answered on May 28, 2019

The IRS does not allow any taxpayers to deduct interest paid on any mortgage that the taxpayer does not pay. Nor do most if not all states that have an income tax.

1 Answer | Asked in Family Law and Child Support for Nebraska on

Q: obligated to pay ex's new wife for part of insurance premium she carries on our children?

My ex and I share joint legal/physical custody of our 2 kids. There is no child support exchanged. My ex's new wife carries the medical insurance on them as she already had a family plan in place so her premiums did not change. My ex is now wanting me to pay her for part of the premium. As I... Read more »

Julie Fowler answered on May 17, 2019

It depends on what your order states. If the order states that each party has to pay half of the insurance premiums, then depending on the wording of the order, a party could be responsible under the order for half the premiums through a new spouse's insurance. That being said, if there is no... Read more »

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