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 »
Not sure what you mean by "blast." It is illegal to libel or slander another person. On the other hand, it isn't generally illegal for a person to tell facts of a current event (i.e. the news reports a person was picked up on suspicion of drunk driving). Thus, depending on what was posted, it...Read more »
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 »
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.
The four year statute of limitations does not have an exception for a father not knowing about the child. That being said, there are a number of ways to successfully get around the four year statute of limitations depending on your circumstances. The most common is to request the State to file an...Read more »
My daughter signed temp guardian papers. She was having some issues at the time. Now she's better and wants her baby back. But the guardian won't allow her to take her now. Can the parent just go get the baby?
I'm not sure what you mean by temporary guardian papers.
If the parent signed a temporary delegation of parental powers form, this is only good up to 6 months and the parent can rescind these powers in writing at any time. Once such is rescinded, then the other person has no legal...Read more »
I have received assistance but could not benefit from their help bc it being a one night stand i didnt know how or where to look for him, until recently. After finding him and his full name on FB i googled him. I got the address and a phone number.
You can file an action to ask the Court to establish paternity and child support. Alternatively, you can contact child support services and request the State file a paternity action now that you have contact information to attempt service on the father.
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 »
If a child is being abused or neglected, every person has a legal duty to report the abuse or neglect to the child abuse hotline. The number is (800) 652-1999. If it is determined that a child is being abuse or neglect, it could result in removal of the child from the home, services provided to...Read more »
Been divorced 13 years after receiving child support modification papers defend it now wants modification of degree to get visitation of 15and 17-year-old sons whom both attend school and work and don’t want to go with defendant whom live in Omaha every other weekend .younger child defendant... Read more »
Even when a parent has gone a long period of time without seeing their children, the Court will often grant parenting time if requested. It is common for a judge to start with counseling first. For example, the judge would order family reunification therapy where the parent and child first meet...Read more »
I'm not for sure which reporter it is under. But all "contracts", designed by John B. West in his "West American Digest System" in the mid 1800s, and developed by "West Publishing" to organize the entire body of American Law.
For instance, I have West's Nebraska Digest -- The entire set.... Read more »
Been divorced 13 years andNow since child-support modification noncustodial parent filing for visitation for 1715-year-old boys I’m don’t want to be made to have to go every other weekend etc. and I’m not custodial parent is more than willing to give up his rights of Nusz vasa d now since... Read more »
Your question is a little unclear. It is possible for the parties to dismiss their custody action if the parties have decided to pursue an uncontested adoption action instead. It is generally the custodial parent and their spouse that files the adoption action. The biological parent that wants...Read more »
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.
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 »
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 »
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 »
Yes, generally in Nebraska the parties can agree to waive child support. That being said, an exception may occur if the child is receiving public assistance from the state to help support the child. Depending on what type of public assistance the child is receiving, the parent may not be able to...Read more »
Her EFC, expected family contribution, is high and is not eligible for any federal grant money or need based scholarships! Since her step dad and I have to take out loans to help her out with college, does the biological dad have the right to claim her on his taxes this year? Also is there support... Read more »
In Nebraska, the duty to pay child support continues until the age of 19. The parents can enter into a contract, even within their custody order, for the parents to have an obligation to provide assistance with college tuition or expenses. The Court can't order this unless both parents agree to...Read more »
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 »
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 »
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 »
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 »
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 »
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 »
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