I want to file papers incase something happens to me the child will not go with other parent who has not seen her, divorce was also by default due to domestic case against other parent and him being in jail, do I need a lawyer to file this or is it something I can go pick up and fill out?
There are a number of ways to help protect a child when there is only one parent in the child's life. One is by having complete estate planning documents, including provisions as to what you would request in case you would die before the child becomes an adult. There are also options such as a...Read more »
My ex and I have two children with 50/50 custody arrangements. This is to include sharing costs for all school, daycare, and medical costs, ect. He is also ordered to pay $156 a month in child support. Since our divorce was finalized, he hasnt paid any additonal costs and stopped paying child... Read more »
A party needs specific court permission to move the children out of state. Generally, but depending on the wording of the current order, a party doesn't need court permission to move the children within state. That being said, if the move would effect the parenting time or exchanges, it is likely...Read more »
For an initial custody determination, the state where the children have been residing the last 6 months is generally the court/state that gets to decide the custody issues. For a modification action, jurisdiction generally remains with the original jurisdiction as long as at least one of the...Read more »
There is a form called a temporary delegation of parental powers form on the Nebraska Supreme Court's website that parents can use to grant some limited powers to another caregiver for a limited period of time. It can be revoked by the parents at any time and it can last only up to 6 months. For...Read more »
There is history of abuse, towards me, but with the child in the room. I am not trying to terminate his rights, just would like full custody as I fear what may happen when he gets out. I don't know where to begin and I don't have a lot of money to spend on a lawyer.
If you want a custody order, you should file a custody action. If the other parent is incarcerated, there may not be much to fight about and the action will likely be fairly straightforward. Thus, the attorney fees will likely be very affordable. If you are of limited means, you may want to try...Read more »
8 months ago I told my family I had a problem abusing pain meds. I asked my ex to take our kids for a week while I worked on myself. He then filed a temporary order giving him full custody. I have never been in trouble with the law, my kids are happy, healthy. I was prescribed these for many... Read more »
The Court will look at the specific factors of the case when deciding custody. The Court will look at these when deciding which parent to give custody or potentially joint custody. You will want to retain an attorney to present you.
Dec 31=1 yr case. Lots of details, very little action by public defender-1st issue. Online finding statutes/cases trying to educate myself. 2nd-2 cases all hearings same day same time. Literally didn't even realize 2nd case for 5/6 months.
Sometimes when a parent has done everything they can but a child is still not safe in their home, the Court will find the person guilty of no fault neglect so that the child can receive services. This is especially common when one child needs to be placed outside of the home as the siblings aren't...Read more »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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