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Nebraska Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Nebraska on
Q: I have full custody of my child who is 6, the other parent can only see with court supervision and has not tried in 4 yr

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?

Julie Fowler
Julie Fowler answered on Feb 11, 2020

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 »

2 Answers | Asked in Family Law, Child Custody and Child Support for Nebraska on
Q: Seeking a custody change

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 »

Julie Fowler
Julie Fowler answered on Feb 11, 2020

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 »

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1 Answer | Asked in Family Law, Child Custody and Civil Rights for Nebraska on
Q: What state has Jurisdiction under UCCJEA?

4 Children born NE

Parents divorced

Mother and 2 children move to IL

Father and 2 children remain in NE

2 children travel to NE for summer vacation.

Father files Emer. custody and doesn't return children to IL

Mother was never served and... Read more »

Julie Fowler
Julie Fowler answered on Jan 21, 2020

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 »

1 Answer | Asked in Child Custody for Nebraska on
Q: What is needed for parents to sign custody of their child to an aunt in Nebraska? What would the process be?

The child is living with the aunt and attending school where the aunt lives.

Julie Fowler
Julie Fowler answered on Jan 2, 2020

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 »

1 Answer | Asked in Child Custody for Nebraska on
Q: My son's dad is in prison for drug related charges. How can I get full custody?

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.

Julie Fowler
Julie Fowler answered on Dec 30, 2019

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 »

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: For the last 9 years, I've had primary custody of my 3 children. Now my ex is suing for sole custody.

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 »

Julie Fowler
Julie Fowler answered on Dec 30, 2019

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.

1 Answer | Asked in Appeals / Appellate Law and Child Custody for Nebraska on
Q: Looking for Plan C, as I am going to try Plan B Monday. Hot mess of a no fault abuse/neglect case that should not be.

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.

Older son-behaviors applied for several... Read more »

Julie Fowler
Julie Fowler answered on Dec 9, 2019

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 »

1 Answer | Asked in Child Custody for Nebraska on
Q: NE Juvenile Court Can an affidavit removing a child be used in both child's case and parent's case?

Law enforcement (investigating officer) requests court to Order Temp. Custody of Juvenile who though his own acts is putting himself and siblings at risk of harm.

Are there any court rules/Ne statutes preventing the County Attorney from filing petitions against the Juvenile for his acts... Read more »

Julie Fowler
Julie Fowler answered on Dec 9, 2019

It is possible for one affidavit to be used as evidence in multiple court matters.

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 »

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