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Nebraska Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Nebraska on
Q: Where can I find the documents to complete for emergency Custody hearing.
Julie Fowler
Julie Fowler
answered on Aug 27, 2020

As far as I know, there aren't any form documents for this. You would have to review the Court rules and draft these document yourself or retain an attorney to assist you.

1 Answer | Asked in Child Custody and Child Support for Nebraska on
Q: If my ex boyfriend pays 500 for 3 kids without it being through court , how do I put him on child support

I've been separated from my ex 2 years have 3 kids and he has not been there really at all and pays 500 a month for 3 kids without court order. 2 with disabilities. And currently in trouble with the law. Do I have a strong case and what do u recommend

Julie Fowler
Julie Fowler
answered on Aug 27, 2020

Generally you can request child support be entered even if the parent is/was voluntarily paying child support. The amount ordered could be higher or lower than what the parent is voluntarily paying.

You can complete the online application to request child support services in Nebraska....
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1 Answer | Asked in Child Custody for Nebraska on
Q: My ex took my son at 2 months out of state to new mexico and said he would come back, but now is saying he's not.

It's been 6 months and he's been saying our son's not coming back to Nebraska. We were never married and never established custody rights. Am I able to go get our son and bring him back to Nebraska with me?

Julie Fowler
Julie Fowler
answered on Aug 27, 2020

It depends. Was paternity ever legally established with the father? Have you had any contact with your child in the last 6 months?

Generally the State where the child has been residing the last 6 months is the state that gets to decides custody when there has not previously been a custody...
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1 Answer | Asked in Child Custody and Child Support for Nebraska on
Q: In a case regarding child support what happens if the mother does not show up on the court date

establish paternity and support it’s the state versus me and my kids mother who are separated

Julie Fowler
Julie Fowler
answered on Aug 11, 2020

If it is a child support action brought by the State, the Court would likely go forward with entering a child support order against the non-custodial parent even if one or both parties don't show up at the hearing.

1 Answer | Asked in Child Custody for Nebraska on
Q: Is it legal for dhhs to place a child in foster care before the Ex parte petition with the court Has even been filed.
Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Aug 10, 2020

Yes. Ex parte motion must meet the emergency level but it only has to be signed by the Court- not necessarily on file or public record. They only have 5 days to file a Petition following that Order and a temporary custody hearing must be held in a timely manner. If children have been removed, most... View More

1 Answer | Asked in Adoption, Child Custody, Child Support and Divorce for Nebraska on
Q: Child Support Terminated June 9,2011 DHHS Didnt recognize it till 7-15-2020. Signed rights over, Adoption was final .

State never bothered to see if Adoption was final before Divorce of Custodial parent and Adoptee. $50 A month From June 2011 - July 2020 = State owes me correct? I was in contempt three times and served over 6 months in jail two of the three times, the 1st time I payed over $2500 To be released,... View More

Julie Fowler
Julie Fowler
answered on Aug 8, 2020

The burden is technically on the parent whose rights were terminated to file the motion to terminate child support. That being said, if the State received the money due to a child support assignment due to some type of public assistance, you may have a right to have it reimbursed. If the... View More

1 Answer | Asked in Child Custody for Nebraska on
Q: In the state of Nebraska, how far away, within the state, can a parent move when both parts have joint custody?
Julie Fowler
Julie Fowler
answered on Aug 4, 2020

Once a custody order is entered, a parent generally needs a specific order from the Court to move the children out of state. If the move is within the State, the parent doesn't generally need court permission to move. That being said, if the move is such that it creates a material change in... View More

1 Answer | Asked in Child Custody for Nebraska on
Q: If a guy claims that my child is his, can he file for custody even though he hasn’t been in her life since she was born?

She turned 4 this year and he is claiming he is going to go to court to get visitation rights. Is that even possible?

Julie Fowler
Julie Fowler
answered on Jul 28, 2020

There is a statute of limitation for paternity in Nebraska of 4 years old. That being said, there are a number of work-arounds, such as asking the State to file a paternity action as the State has until 18 years old to file for paternity. Further, if there is a child support order established or... View More

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: I want custody of my child, her father has her now but I have got my other girls back in my custody & want her back too
Julie Fowler
Julie Fowler
answered on Jul 28, 2020

To ask for the custody order to be modified, the general process is to file a Complaint to Modify to ask for the change in custody. You have to state a material change in circumstances that show why the change in custody is in the minor child's best interests.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Nebraska on
Q: Concluding CPS case, determining custody with a domestic violence felon.

Hello, I am finishing up a CPS case, completed treatment, have housing, my own vehicle, clean drug tests for a year. However, my childs father is trying o force visits with our daughter since October, but has been unsuccessful this far due to trauma he inflicted on us both. He is on probation for... View More

Julie Fowler
Julie Fowler
answered on Jul 22, 2020

It would be unusual for a judge to grant 50/50 custody when the Court is only contemplating supervised visits at this time.

A judge is not bound to the recommendations of a therapist. Sometimes the court will order family therapy sessions to have even more structured visits than supervised...
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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Nebraska on
Q: Concluding CPS Case With Childs Father (Multi-State DV Felon w/ a 3yr No Contact Order)

Hello, I am finishing up a CPS case, completed treatment, have housing, my own vehicle, clean drug tests for a year. However, my childs father is trying o force visits with our daughter since October, but has been unsuccessful this far due to trauma he inflicted on us both. He is on probation for... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Jul 22, 2020

Nebraska DHHS has a general policy that they will follow recommendations of a children's therapist with regard to visitation, but generally to suspend visitation requires a court order. You mentioned having an open case - this means you likely have a court-appointed attorney. You should talk... View More

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2 Answers | Asked in Family Law and Child Custody for Nebraska on
Q: My wife is keep my daughter from me claiming suicidal texts and claiming drug use. The texts were a week ago

The drug use is false as she just saw an old friend working in the garage and claims she can tell when I’m high

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Jul 20, 2020

The answer to how to address this depends on whether you have a legal custody order (temporary or permanent) that provides you with parenting time. If so, then the mom is in contempt if she unilaterally decides not to send your daughter. If you are separated but no order is entered, you will want... View More

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1 Answer | Asked in Child Custody, Child Support and Divorce for Nebraska on
Q: My son is getting a divorce after 5 years of marriage. They have a 9 month old baby My daughter in law moved out.

My son pays for her apartment. Part of the agreement was she watches the baby during the day so my son can work. She often calls and says she can’t because she is sick I believe she’s out on tinder dates If I can prove she is not wanting to watch her own child so she can be out and about,... View More

Julie Fowler
Julie Fowler
answered on Jun 9, 2020

Child custody determinations are very fact specific. A parent's involvement or lack of involvement with their child, as well as logistical considerations, are often taken into account when determining custody. If your son hasn't retained an attorney, he should do so asap.

1 Answer | Asked in Adoption and Child Custody for Nebraska on
Q: my cousin give me her baby and we type a paper saying that I have temp custody of her .what can I do ? to keep her
Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Jun 4, 2020

First, a typed paper alone is not enough for delegated parental authority unless it is notarized and uses this form: https://supremecourt.nebraska.gov/self-help/families-children/temporary-delegation-parental-powers

Second, if the parent revokes the Temporary Delegation at any time, it is...
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1 Answer | Asked in Child Custody and Child Support for Nebraska on
Q: Do I have to pay childcare when my ex’s family members watch my daughter?

My ex husband has had custody for 3 years. I returned from deployment in January and will not be returning to work until May. Due to coronavirus, I offered to watch my daughter so that no one would miss work. Because she has school work, he feels it is more convenient for his mom, dad, or sister to... View More

Julie Fowler
Julie Fowler
answered on Apr 11, 2020

If a party is ordered to pay a share of child care expenses, this can include payment if a relative is the child care provider. That being said, a number of factors come into play when the child care provider is a relative and the specific wording in the order could likely affect whether the party... View More

1 Answer | Asked in Child Custody and Child Support for Nebraska on
Q: What happens at court, during a motion to vacate genetic testing?What all will be discussed
Julie Fowler
Julie Fowler
answered on Apr 7, 2020

Generally a motion to vacate genetic testing is when a judge decides whether to cancel an order requiring the parties to submit to genetic testing. I assume this is for paternity genetic testing since you categorized your question as a custody question. It could also address related topics such... View More

1 Answer | Asked in Child Custody for Nebraska on
Q: Can a judge order daughter and Mom to get a 2 bed apt when mom has custody.
Julie Fowler
Julie Fowler
answered on Mar 25, 2020

Potentially yes, especially in a temporary order as such are not appealable. If the Court has concerns about a parent and child sharing a room or a bed as not in the child's best interests, some judges will make a condition for separate beds or bedrooms. Whether you could get this reversed... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Nebraska on
Q: In court orders it says I am to be made aware of appointments and the kids names are to be changed. Amoung other thing

She has not done any of this and has me blocked from contacting her. How can I file a contempt of court

Julie Fowler
Julie Fowler
answered on Mar 5, 2020

There are some forms available on the Nebraska Supreme Court's website under forms regarding show cause/contempt actions that will give you an idea of how these work.

3 Answers | Asked in Child Custody and Family Law for Nebraska on
Q: Can I stop ex from taking kids out of state because his attorney didn't submit final custody order decree yet?

My ex has an attorney and I don't we had court February 26th and I gave my ex full custody of our kids until I'm off probation but we have joint legal custody however many issues were not discussed such as taking the kids out of state, holidays, etc. And we are already having issues with... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Mar 5, 2020

If out of state travel is not addressed in the Parenting Plan, generally either parent may take the children out of state for any period that does not overlap the other parent's parenting time. However, case law in Nebraska is clear that the custodial parent cannot permanently move the... View More

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1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: How do i get My child's social security number
Julie Fowler
Julie Fowler
answered on Mar 3, 2020

A custodial parent can request a replacement social security card with social security.

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