And the courts claims no justification as they are from Nebraska. What are some of my options. My daughter is willing to give me custody if needed. I am able to care and provide for them if need be.
answered on Jan 6, 2022
A court has to have jurisdiction to go forward with a court case. Sometimes when children are involved, there needs to be a determination as to which state gets to decide the custody and/or placement issues. There are specific rules as to how courts determine which state gets to hear the case... View More 
In 2018 I my childs dad took me to court for more time with out son, he also wanted child support modified at that time too. We agreed on a parenting plan that gave him a few extra days and week on/off in the summer. I was at a place in my life where I didn't need the full amount of child... View More
answered on Jan 6, 2022
Maybe, depending on whether there is a material and substantial change in circumstances that would result in support going up or down by more than 10%, including a change in incomes, expenses for the child, etc. You will want to visit with an attorney about your specific facts on this though as the... View More
Father is telling 4 year old daughter that he's going to keep her and she'll never see her mom again.
answered on Nov 12, 2021
If you believe a child is being abused or neglected in Nebraska, then you have a legal duty to report the abuse to the Nebraska child abuse hotline. In Nebraska, everyone is a mandatory reporter.
If the parents don't agree on how much time, if any, the child should spend with either... View More
In my case , instead of State , the plaintiff ( bio dad) has brought a paternity suite in his own capacity using NE statute 43-1411. The children were born during marriage of my wife and myself. We do not have any divorce decree entered. 43-1411 allows state/alleged father/mother to file paternity... View More
answered on Sep 22, 2021
When a child is born during the marriage, there is a marital presumption that the child born during the marriage is a child of the marriage. If the parties remain married, they could object to a third party trying to establish paternity and argue that the marital presumption prevents the third... View More
He doesn’t want to go back he has an older sister 14 who who this guy punched and their mother doesn’t care for because she chooses partner over kids
answered on Aug 19, 2021
If you believe a child in Nebraska is being abused or neglected, then you have a duty to report such to the Nebraska Child Abuse Hotline. Everyone is a mandatory reporter in Nebraska.
If you want to ask the Court to enter or change a custody order or parenting time, then you would need to... View More
I’m January I signed temporary guardianship of my two kids to my mom while I checked myself in to a rehab. I can’t for certain remember what the paper said but I do recall my name being spelled wrong completely. Would that even hold in court? I never received a copy of the document nor did I... View More
answered on Aug 19, 2021
It depends on what you signed in the court action and what type of court action it self.
If you signed a consent to guardianship or similar court papers, then you would need to file a court action to terminate the guardianship or ask in the court action for specific parenting time if the... View More
they were removed from my care based on lies stated from a officer which I have solid proof that accusations were untrue. The state took emergency custody based off of this lie of a statement. How do I stand up for myself?
answered on Jun 18, 2021
When a child is removed from a parent due to allegations of abuse or neglect, the parent will be appointed an attorney at the first hearing if they can't afford counsel. If you can't afford an attorney, you should request an attorney appointed and then speak with the attorney about your... View More
the state dept of cps in Nebraska is wrong for removing my children based off of a lie which I can prove it to be such with many forms of proof. Please help im helpless my kids are suffering if facts were revealed they had no reason for removal upon several.otjer issues at hand
answered on Jun 18, 2021
When a child is removed from a parent due to allegations of abuse or neglect, the parent will be appointed an attorney at the first hearing if they can't afford counsel. If you can't afford an attorney, you should request an attorney appointed and then speak with the attorney about your... View More
She has been in Hawaii for 12 yrs and very seldom gets to come back home. She is in a battle for full custody so she and the girls can move back with family. but they are asking her to do the unreasonable. Such as secure a high paying job, secure a home, make sure the schools have a high rating,... View More
answered on May 12, 2021
If her case is in Hawaii, she would need to consult with an attorney in Hawaii for what you can do to help improve the odds of winning her case.
answered on May 12, 2021
If you are asking to change custody and for the other parent to pay you child support, you likely need to file a complaint to modify. The filing of the complaint to modify begins a modification action where you can ask the Court to change custody and order the other party to provide support.
answered on May 12, 2021
In order to change a current custody order, you generally need to file a complaint to modify to start a modification action. If both parties are in agreement, you may be able to follow this up with submitting a stipulated modification order to change the order to the new terms that both parties... View More
answered on Mar 15, 2021
You are not entitled to a court-appointed attorney to help you with a child custody case. Unless the action being brought against you involves the potential of jail time (such as to defend against a contempt action within the child custody case) or the removal of the children from your home by a... View More
It’s a misdemeanor with a taken off felony. We take her to school , homework, grooming activities. She works nights and leaves her with 13 year old son that daughter doesn’t get along with.
answered on Mar 10, 2021
A misdemeanor drug charge from 3 years ago doesn't automatically exclude someone from being successful in a custody action. It wouldn't be a fact in the person's favor, but the Court could still award custody if the overall facts support that it is in the child's best interests... View More
My ex and her live in boyfriend recently went out of town. I am required by them (not the court), to communicate to them only through email. He emailed me asking if I wanted to watch my daughter. Of course and we set up a plan which ended with him saying’”Ok, sounds good”.I took that as... View More
answered on Mar 10, 2021
The Court determines what is allowed in a specific custody/parenting time dispute by looking at the custody order and parenting plan. If you don't have a custody order with parenting plan, then you need to file an action to ask the Court to enter a custody order with parenting plan. The... View More
I lost my job and haven’t paid child support since June. I will, however get caught up. But my ex is not allowing me to even communicate with my child via text or phone call. If I can’t reach my child I am to call her boyfriend who then determines wether or not my wanting to speak or text with... View More
answered on Mar 10, 2021
The Court doesn't tie child support and parenting time. If you file a contempt action, the Court can sanction the other party for denying parenting time due to non-payment of support.
Keep in mind, that the Court can also sanction you for not paying child support if the other party... View More
Have joint custody with ex having primary physical
answered on Mar 9, 2021
I'm not sure what you mean by online evidence. If there is an allegation or an order that someone is harassing others, this could be a factor a judge would take into consideration when determining custody or parenting time.
My daughters were staying with my mom in Nebraska, while I was in the process of moving from Texas to another State. I was staying w/ a friend while finding a place to live & getting my youngest signed up for preschool. I signed for my mom to have temporary guardianship of my older daughter, so... View More
answered on Mar 2, 2021
If you are going to represent yourself at a contested guardianship hearing, you need to start spending a lot of time reading the rules, the statutes, and the case law to make yourself very familiar with both the procedural and the other rules involved. If any attorney quoted you $8,000 to handle... View More
My sister suffers from sever mental and her soon to be ex husband has mental health issues and feeds into her the kids are 6 and 11 both have mental health as well. She has been bring men around, the 11 year old home alone, failing school, sever anxiety, she is treated like an adult. The youngest... View More
answered on Mar 2, 2021
If you believe children are being abused or neglected, you need to report this to their local authorities. If found to be true, this may result in the children being removed from the home. It could also cause the family to start receiving services that could be helpful to get them to a healthier... View More
Is it worth my money (we are kinda poor, I'm disabled) to hire and pay for an attorney in lieu of using the free court appointed attorney? Asking because she's nice but not motivated at all, probably overworked. My caseworker has done ZERO since removing my kids. I thought I read Federal... View More
answered on Feb 23, 2021
Majority of court-appointed attorneys are very good. They often handle a lot of cases so they know what the judges find persuasive. Some may have large caseloads and may struggle to give each file as much attention as they otherwise would like. Sometimes you do get better results with hiring a... View More
I was convicted of two misdemeanors and am currently a part of a voluntary, non court case with DHHS. They have implemented a family safety plan signed by all parties that my ex husband is not adhering to so I’m not seeing my kids. I was promised unsupervised visits by my DHHS caseworker but now... View More
answered on Feb 9, 2021
You may have rights under the Indian Child Welfare Act. If the safety plan through CPS isn't working or isn't being enforced, then you likely need to pursue a custody action and request a hearing date before the judge. You should retain counsel to assist you or will be at a strong... View More
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