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Nebraska Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Can my child’s counselor and lawyer deny me to see my child if it’s not signed off by a judge? If doctors also agree?
Julie Fowler
Julie Fowler answered on Sep 26, 2019

If a parent is being denied access to their child without a court order, it may be time to file an action or motion to ask for a court order allowing specific parenting time. Whether such will be granted or not depends on the specific facts of the case. You should contact an attorney to assist... Read more »

1 Answer | Asked in Child Custody for Nebraska on
Q: My ex husband asked for a guardian ad litem. We had one when we got divorced.

She doesn't return my calls or emails, but she emails me with his concerns. I'm supposed to pay half of her fees. My daughters say she doesn't let them talk.

Julie Fowler
Julie Fowler answered on Aug 27, 2019

I'm not sure what your question is. Are you asking if there is a way to get a different guardian ad litem appointed? Generally, the court won't grant a party's request to change the guardian ad litem. Usually the person the court appoints is a person that the judge is familiar with as judges... Read more »

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: Can my husband go pick his daughter up?

My stepdaughter was placed with someone she doesn't know by her mom who signed a temporary guardianship form. The guardian is willing to give her to us as there is no custody established but we want to be sure it's still legal for him to take her without court order.

Julie Fowler
Julie Fowler answered on Aug 26, 2019

If the father wants custody of his child, he should obtain a custody order. If the mother is trying to give placement to a third party, then the facts are likely favorable that father can obtain custody of the child. If there is already a custody order in place, he would need to file a custody... Read more »

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: I am 18 , my mom wants me to move to New Mexico with her from Omaha. I don’t want to

There is substance / drug abuse involved. I have a family in Omaha who is willing to take me in. My mother has no job and she is living with someone in Hobbs. The age of majority in Hobbs is 18. Meaning I can leave Hobbs if I want. Do I have to go to Hobbs or can I stay in Omaha? If I can stay in... Read more »

Julie Fowler
Julie Fowler answered on Aug 21, 2019

In Nebraska, a parent has both the authority and responsibility to choose where their child resides until the child is 19 years old. Generally the age of majority is governed by residence. If a child is residing in another state, then that age of residency applies. That being said, if there is a... Read more »

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Nebraska on
Q: I was wrongfully charged with child abuse, and want to fight it please help.
Julie Fowler
Julie Fowler answered on Aug 8, 2019

What your best defense is depends on the facts of your case and what specifically you were charged with. Hire an attorney to assist you or request court-appointed counsel.

1 Answer | Asked in Child Custody for Nebraska on
Q: I have custody of my son and mother is required to have supervised visits she wants her family to do the visits but

Her family has mental issues similar to hers am I contempt of court if I don’t agree to her on these people I have no problem letting her see them if paid supervised visitor

Julie Fowler
Julie Fowler answered on Jul 11, 2019

The Court determines whether someone is in contempt by looking at the specific wording of the order. If the order says a parent's time must be supervised, it generally says who can do the supervision. Often it is with a relative but sometimes it requires agency supervision. If the custodial... Read more »

1 Answer | Asked in Domestic Violence, Divorce, Arbitration / Mediation Law and Child Custody for Nebraska on
Q: My wife disapeared and is believed to have gone to Texas with our 4.5 year old son and claiming some kind of abuse.

What are my options? There was no abuse except by her. There is a past though and I just got home from prison in Dec.

Julie Fowler
Julie Fowler answered on Jul 1, 2019

If a spouse leaves with their child and the spouse left behind wants to pursue a divorce, the way to start a divorce action is generally to file a complaint for dissolution of marriage. In Nebraska, one of the spouses must have resided in the State of Nebraska for at least a year before a divorce... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Nebraska on
Q: My son's mom is refusing to let me take our son anywhere, like the park or even to lunch without her and no court order

I'm currently on probation or a shoplifting charge I received 3 years ago and our son is almost four. I have no History of Violence and until recently have been the sole provider for him and her. She decided to move to a town 45 miles away, where I travel to at least three or four times a week to... Read more »

Julie Fowler
Julie Fowler answered on Jun 27, 2019

If the parents can't agree on custody or parenting time, then it is time to file a custody action to ask the court to set a set schedule for custody and parenting time. If paternity hasn't been legally established, the father may need to file an action asap if the child is approaching 4 years old... Read more »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Nebraska on
Q: My ex is getting custody of my oldest child, he is not biologically his. How do I stop this?

Ex husband was very abusive, reports and rrests on dv. Bc of a recent case with hhs and drug use (children not exposed in any way via proof hair follicle test) Temp guardianship was given to my parents. The ex, who was just released from jail on the exact same charges as me after being completely... Read more »

Julie Fowler
Julie Fowler answered on Jun 24, 2019

You may want to take a look at the Nebraska Supreme Court case at Cesar C. v. Alicia L, 281 Neb. 979 (2011). In this case, the mother and non-biological father signed a notarized acknowledgment of paternity (the document signed that puts a father's on a birth certificate) stating that the... Read more »

1 Answer | Asked in Child Custody and Child Support for Nebraska on
Q: My son pays child support to ex girlfriend for his 6 yr old daughter. My son id supposed to get his daughter fri-sun

He has only been able to get her like 5 hrs on Sunday, hes been allowed to keep her overnight only 2x. The mom always has excuses. She got married 4/5, and the daughter doesnt like the guy, and tells my son the he yells and hit her mommy. Two weeks ago she nmoved eith her new husband from a... Read more »

Julie Fowler
Julie Fowler answered on Jun 24, 2019

If a parent is granted court-ordered parenting time and the other parent is denying it, then the most common way to enforce the parenting time is to file a contempt action. To modify the custody order, the most common method is to file a complaint to modify action. This modification action has a... Read more »

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
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 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
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
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 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
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 Child Custody and Family Law for Nebraska on
Q: Does parent time mean neither the father nor mother have custody?

I got on probation a year ago, and im ordered to have it for another year. When I was on probation for 7 months I went to see my boyfriend who i was court ordered with probation not to have contact with. Things happened and i found out i was pregnant. I'm now five months pregnant and i haven't told... Read more »

Vanessa Jean Gorden
Vanessa Jean Gorden answered on May 15, 2019

Alot of the answers to your questions are going to depend on how you are otherwise doing on probation and how your child's father is doing with his. Are you drug testing and testing clean? Are you living in a safe and stable environment? Obtaining prenatal medical care? Otherwise following the... Read more »

1 Answer | Asked in Child Custody and Juvenile Law for Nebraska on
Q: What will happen when I tell my probation I'm five months pregnant?

I got put on probation 6 months ago as a juvenile, and I just turned 16. One of the terms of probation was that I couldn't be around my boyfriend. I found out a couple months ago that I got pregnant a month into probation, and still haven't told my probation. I'm starting to show and I have to tell... Read more »

Julie Fowler
Julie Fowler answered on May 15, 2019

Admitting you violated the terms of your probation could result in a violation of your probation. It is possible that the terms of your probation would be amended if you are pregnant or if a child is born and the court granted both parents parenting time with their child.

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Child Support for Nebraska on
Q: Can my child's father be indicted for not be present in the said childs life and be charged for child abandonment??

Child's father lives in a different state and has no part in said child's life. The only thing that connects the two is he signed the birth certificate.

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jan 19, 2019

The terms you are using ("indictment" and "charged") do not really apply to paternity and parenting situations. If father signed a Notarized Acknowledgment of Paternity, that serves as a legal basis for paternity under Nebraska law. However, more must occur in the courts for him to have the... Read more »

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2 Answers | Asked in Child Custody for Nebraska on
Q: Can a judge in Nebraska give temporary custody of children with a case in Nebraska to their father in Iowa?

There is a Nebraska decree that gave the two parents joint custody, my daughter is asking for full custody and it hasn't gone to court yet. In the mean time my ex son in law who lives in Iowa filed false allegations of child abuse against my daughters boyfriend. My ex son in law just got an... Read more »

Julie Fowler
Julie Fowler answered on Jan 10, 2019

Most Nebraska Decrees require a specific order to move the children out of the State of Nebraska. When an ex parte order is entered, there is a hearing set within a short period of time (generally 10 days). At that hearing, the parties present evidence (often in affidavit form, but depends on... Read more »

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1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Understanding a "order for hearing " regarding guardianship of a Minor child.
Julie Fowler
Julie Fowler answered on Dec 13, 2018

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... Read more »

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: How do judges handle chronic custodial interference?

I found a Nebraska statute where custodial interference is considered a class 2 misdemeanor. My ex has denied me my court ordered parenting time with my children over 7 times the past 2 years. I live out of state (originally she ran away with them to Nebraska and judge decided to let her keep them... Read more »

Julie Fowler
Julie Fowler answered on Oct 5, 2018

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... Read more »

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