Nebraska Child Custody Questions & Answers

Q: Can my child's father be indicted for not be present in the said childs life and be charged for child abandonment??

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Child Support for Nebraska on
Answered on Jan 19, 2019
Vanessa Jean Gorden's answer
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 responsibility to pay support or to have rights of parenting time for the child. If child support has been established and court-ordered and he does not pay, he may eventually be held criminally liable for...

Q: Can a judge in Nebraska give temporary custody of children with a case in Nebraska to their father in Iowa?

2 Answers | Asked in Child Custody for Nebraska on
Answered on Jan 10, 2019
Julie Fowler's answer
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 what county the case is in) and the court determines whether to keep turn the ex parte order into a temporary order or not. If a party failed to disclosed an important fact when requesting their ex...

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: How do judges handle chronic custodial interference?

1 Answer | Asked in Family Law and Child Custody 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: Ex husband who currently has physical custody of our daughter is intentionally keeping my daughter from me. He manages

2 Answers | Asked in Child Custody for Nebraska on
Answered on Aug 7, 2018
Julie Fowler's answer
If the other parent is violating the court order, the most common remedy to enforce the court order is to file a contempt action to ask for the court's assistance in enforcing the parenting time granted in the court order.

Q: while I was in jail my 2 kids where placed with my mother by the state. my mother and I are not on good

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Nebraska on
Answered on Jul 5, 2018
Julie Fowler's answer
If you know what county the action was in, you can likely found out the court case number and what the final order was.

Q: Best way to go about getting full custody

1 Answer | Asked in Child Custody for Nebraska on
Answered on Jun 26, 2018
Julie Fowler's answer
In order to obtain a court order granting you custody, you have to file a custody action. If the father's paternity has legally been established (generally by being married to the mother, previous court order, or by having signed a notarized acknowledgment of paternity to have his name included on the birth certificate), then the father's rights are generally equal to the mother's unless and until a court order states otherwise. If no legal paternity has been established, then the mother has...

Q: If you have a 50/50 plan can you one day move and get primary physical?

1 Answer | Asked in Divorce and Child Custody for Nebraska on
Answered on Jun 22, 2018
Julie Fowler's answer
To ask the court to change the custody from joint custody to sole custody, the parent generally has to file a complaint to modify. For the court to grant the request to change custody when the other parent objects, the parent would need to show that there has been a material change in circumstances and that a change in custody is in the minor child's best interest. In general, the judges are hesitant to take away a parent's joint custody if the child is overall doing well in a joint custody...

Q: How can I get custody of my son . his mom don't let me see him & has no communication with me But let's my mom have him

1 Answer | Asked in Child Custody for Nebraska on
Answered on Jun 18, 2018
Julie Fowler's answer
To ask the court to enter an order regarding custody and parenting time, you would file a paternity/custody action with the Court. The court will then determine which parenting has custody and grant the other parent set parenting time with the child. The court could also determine that joint custody is appropriate and grant both parents equal parenting time with the child. Generally the longer you wait to file your action to ask the court to order parenting time with your child, then harder...

Q: Does my sons dad have any rights to our son?

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Answered on Jun 18, 2018
Julie Fowler's answer
A father has equal rights to their child as the mother once paternity is established. In Nebraska, paternity is generally established in one of three ways: signing a notarized acknowledgement of paternity to have his name added to the birth certificate, being married to the mother at the time of birth, or by a court order. Generally, until paternity is legally established, a father does not have legal rights to the child.

Q: My child's father does not have a bed for my child. What should I do? Who should I contact?

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Answered on Jun 18, 2018
Julie Fowler's answer
To ask the court to enter an order setting forth who has custody of the child, when each parent has parenting time, among other parenting-time related issues (such as specifically stating that the child must have his own bed to sleep in), you would file a custody action. Within the custody action, the court would enter orders addressing custody, parenting time, and related issues. The Court would likely order both parents to attempt mediation as part of the court case to try to work some or...

Q: How would I go about getting custody of my daughter that lives in another state?

1 Answer | Asked in Child Custody for Nebraska on
Answered on Mar 19, 2018
Vanessa Jean Gorden's answer
If your daughter has resided in Oklahoma for at least the past 6 months and there is no current custody order, you will need to file for custody in Oklahoma as that is the only state that has jurisdiction pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act. As such, you will need to talk to an OK attorney who knows the law and procedures there. If you cannot afford a lawyer, you may be able to qualify for Legal Aid or similar services in that state. You may also be able to do...

Q: My 17 year old daughter is pregnant. I want custody of baby or power of attorney. Is that possible? She will be 18 when

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Answered on Feb 13, 2018
Brendan Michael Kelly's answer
The child is not an adult until 19 in Nebraska. Power of attorney over the child that is not born is not allowed. You should contact social services and see about getting support for the medical delivery and the father will be required to pay for the medical share. The child once born should be turned over to you to raise at least until the mother is 19, or the father is given custody since he is an adult.

Q: Can my ex move out of state with our daughter without my consent?

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Answered on Jan 15, 2018
Brendan Michael Kelly's answer
Yes, unless you have an existing court order she can move and take the child with her. I would suggest you contact a lawyer and get a order in place. If she moves with the child and no order, once you get jurisdiction in another state you will have to fight for your rights in the new state.

Q: My ex boyfriend grabbed my daughter and took off with her. I haven’t heard from them since. Is there anything I can do?

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Answered on Oct 13, 2017
Brendan Michael Kelly's answer
If you were hurt when he elbowed you and pushed you you should call the police and get him arrested for assault and then you will have law enforcement help getting your child back. Otherwise without a criminal matter the police will not be involved and if he is the father of the child it is not kidnapping. If an existing custody order is in place then he may have violated it. Get the cops involved for the assault is the fastest way to get your child back. Cops won't enforce custody orders.

Q: If my child was taken away from the mother and not placed in my home after 3 1/2 years im still on supervised visits

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Answered on Aug 14, 2017
Brendan Michael Kelly's answer
The best advice I can give you is to get a lawyer. The court should have awarded you custody if the child was taken from the other parent. With a lawyers help and advice you should be able to regain custody.

Q: What rights does my babys dad have?

1 Answer | Asked in Family Law, Child Custody and Child Support for Nebraska on
Answered on Jul 27, 2017
Brendan Michael Kelly's answer
Both parties have full rights to a child if not court order is in place. Since he is not on the birth certificate he would have to go to court and establish paternity before the court or police would all him any rights. The advantage to you is that the he could be order to pay support. The disadvantage is he would/could have more contact with the child down the road.

Q: Can my ex keep taking me back to court just because she doesn't like who I'm with and doesn't want them around my kids.

1 Answer | Asked in Divorce and Child Custody for Nebraska on
Answered on Jul 27, 2017
Brendan Michael Kelly's answer
Short answer is yes,since the standard is best interest of children. Habits, history and other problems can be shown to the court. Best to get a lawyer and seek to recover your costs as frivolous litigation.

Q: Can I get custody?

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Answered on Jul 24, 2017
Brendan Michael Kelly's answer
You may want to both contact CPS and a lawyer. The advantage with contacting CPS is they may be looking for a placement for the child if they have been take out of the home and as the parent you are given priority under the system in NE. Contacting a lawyer gives you a person to argue your case for custody in the jurisdiction where the case is located. If the kids have been here for over 6 months the court will expect the kids to remain here at least until you have shown a valid interest and...

Q: Custody has not been decided can my baby momma come get my kids while I'm at work

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Answered on Jul 24, 2017
Brendan Michael Kelly's answer
Yes, without a custody order in place either parent has full rights to do with the child as they see fit.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.