I believe the court did not have subject matter jurisdiction when making an initial temporary custody decision. My ex did not live in Arizona for 5 months. Never visited. Never went back until the day before he filed the petition for custody. So doesn't that mean it would not have had subject... View More
answered on Jan 25, 2021
In Nebraska, if there isn't already a custody order in place, then you generally need to file the custody action in whatever state the child has been residing the last 6 months. This state where the child has been residing at least the last 6 months is generally referred to as the "home... View More
Is that legal first of all. Second my ex wife knows our daughter better than anyone so that is why I would prefer to talk with her. This is not about my ex wife it’s about my daughter. I only find out about my daughters life by asking her questions which she doesn’t really like to answer. Just... View More
answered on Jan 7, 2021
It isn't clear from your question if the mother of your child is your wife or your ex wife. If she is your ex wife, I assume there is a divorce decree in place that sets forth each parent's parenting time and possibly even a communication protocol. If there is and the mother is not... View More
My best friend has a 3 year old and was never married to her father. The are no longer together but have not went to court for custody. Does she automatically get temporary custody of the child until the go in front of a judge?
answered on Jan 5, 2021
Yes. Absent anything to the contrary, natural mom of a child born out of wedlock is considered custodial parent by Nebraska law, but there are a number of factors that may change this, such as whether paternity was established by acknowledgment of the father, whether the parents are residing... View More
answered on Jan 4, 2021
You can file such, but just having 6 months of no contact is not an automatic grant of a termination of parental rights request due to abandonment. It is a very high bar for the Court to terminate parental rights.
His father pays child support none of which we see.She uses it as her income. His father has had nothing to do with him in years. My daughter has 3 other children but only 2 of them live with her. Can I get legal custody of him? Every time she gets mad she threatens to take him Away.My grandson... View More
answered on Jan 4, 2021
If a non-parent wants custody of child that has been living with them, the most common process to obtain custody is to file for a guardianship action to ask for custody of the child. You generally need to show that the parents are unfit in order for the Court to award you custody if a biological... View More
answered on Dec 28, 2020
For a minor child, you can use the Supreme Court form here:
https://supremecourt.nebraska.gov/sites/default/files/CC-16-3-2.pdf
You will have to give notice to the appropriate parties, etc.
answered on Dec 28, 2020
Child Support and Parenting Time are two separate issues. Not paying support doesn't prevent you from visiting and paying support doesn't guarantee a right to visit. Alot depends on whether the guardianship is full or partial. A guardian simply steps into the shoes of a parent and has the... View More
Also I just need to get the school stuff transferred to our name so she can get a bus to pick her up but her mom does not want to cooperate
answered on Dec 9, 2020
To obtain custody of a child when you are not the parent, you generally need to file a guardianship action with the county court. Generally the Court is not going to grant a non-parent custody unless it is shown that the parents are legally unfit to care for their child. This is a very high... View More
answered on Dec 1, 2020
CPS generally has to offer reasonable efforts at reunification and to preserve the family. In some situations, there is a determination that no contact is in the children's best interests (this is relatively rare). If you children have been removed by CPS, you should hire an attorney or... View More
Also will it affect the child support pending?
However, my partner have been in my childs life since she was 1.5 years old and is the father figure since. And my ex has not had any contact with myself or my child since Feb 2018. As well my ex lives in another state.
answered on Dec 1, 2020
It depends on a lot of factors. A parent's rights are superior to those of a non-parent. The Court can grant a non-parent custody or visitation rights in limited circumstances. These are generally through a guardianship action when a parent is unfit or a request for in loco parentis... View More
Basically the father has pretrial on November 2nd and has pending charges for failure to register and I want to file for emergency temporary custody of my daughter
answered on Nov 22, 2020
As far as I know, there are no forms for this. You would need to file a custody or modification action and then file the motion for emergency custody within the action. You would either need to do quite a bit of research to determine how to draft this on your own or retain an attorney to assist... View More
We have children together plus partner's child from a previous relationship. the child portrays the mother as only caring to appear to be a good mother but in reality pays no interest. The mother has lied about situations in order to take said child out of school in which said child told us... View More
answered on Oct 27, 2020
In order to have grounds for a change in custody, you generally need to show that there has been a material change in circumstances and that the change is in the minor child's best interests. If custody is changed from the custodial parent to the non-custodial parent, then the non-custodial... View More
I signed legal temporary guardianship to my mother of my son. The state of Nebraska remove custody from me and placed it with the state even though there was a temporary guardianship in place with someone else after time? Is that legal?
answered on Oct 27, 2020
If the State has grounds to remove a child, the State generally gets a say in the placement of the child. This is true even if a parent signs a temporary delegation to someone else in the same time period. If there is an actual court order of guardianship, then this is different. Then generally... View More
I picked up a felony drug charge last August and were convicted in late February this year. I also note that the juvenile court case originated, in part, on drug use. I also see a warrant in 2020 to search electronic devices for pornography possibly related to my daughters. I will tell you that... View More
answered on Oct 19, 2020
You shouldn't post such specific info on a general posting board like this. You should take your question down and contact an attorney that practices in Scotts Bluff County regularly.
i am 18 my ex girlfried is 16 i want to file for custody of my daughter whom is 2 months old due to my ex still living at home with her mother whom has for the 3rd time in 5 years pending child abuse/neglect charges
answered on Oct 19, 2020
Yes, a parent that is a minor can file for custody of their child. Generally, if the biological parents are minors, then the parents are listed as parties and filing as the next of friend of the biological parent.
She had filed a complaint of custody and I filed one back against hers and this was before she signed a poa. She also signed a poa cuz she is incarcerated
answered on Sep 30, 2020
If there is a custody order in place or a custody case pending, then a parent generally needs to get court permission to move the child out of state. If there is a custody case pending and one parent wants to ask the Court to prevent an imminent move out of a state, a party can ask for an order... View More
Our relationship has been bumpy i have no major issues. Besides maybe a slight case of mental abuse. We got past that basically just feel were at a dead end and dont want to leave anything up to chance when it comes to my daughter. I dont wish to keep her drom her dad couldnt if i tried. But cant... View More
answered on Sep 27, 2020
If the parents are generally on the same page as to what the parenting time should look like when they separate, then mediation can be a really good tool to come up with a parenting plan. The parenting plan could then be incorporated into a custody order. This way, the parties both have something... View More
In April 2020 I was contacted by an old ex asking if I would take a dna test of her twin girls. The steer came back that I was their father.Since then the mother is continuously getting into trouble with the law or using the girls to hurt me.She has admitted to knowing she was pregnant before... View More
answered on Sep 15, 2020
A father can file an action to have paternity legally established. If the Court grants the request, the Court could award the father custody or at least parenting time. The Court would likely also address the financial issues. This would likely include child support. child care expenses, and who... View More
Can she get her back? Can my granddaughter terminate the guardianship because she is 15?
answered on Sep 14, 2020
A parent can ask for a guardianship to be terminated. The Court generally looks at whether the parent is fit or not to care for the child and what is in the child's best interests.
My boyfriends daughter moved in with us 2 weeks before we gave birth to our son, because her mother was sent to prison. Her mother lost all rights due to lack of visitation leaving him with full custody. I have been a supplement mother to her since she was 4 years old ( she’s now 8 about to turn... View More
answered on Aug 27, 2020
Generally for a non-parent to gain custody of a child, the person has to show that not only that they are the real or better parent but that the legal parent is unfit. A parent's rights are protected by the Constitution and parental unfitness is a high standard. If the biological parents... View More
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