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Nebraska Family Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Nebraska on
Q: My kids were removed from my home 12/1/20 by CPS. I was assigned a free attorney. Should I get a paid attorney?

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... Read more »

Julie Fowler
Julie Fowler 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... Read more »

1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: I live in California. Daughter is graduating high school in CA end of May 2021 and then turns 18 2nd week of June.

We are relocating day after high school gradation in May. Child turns 18 middle of June. Child support ends 18 or graduation in CA whichever comes 1st. We are relocating day after graduation. Can I file in Nebraska right when we get there for another child support order since Nebraska child... Read more »

Julie Fowler
Julie Fowler answered on Feb 23, 2021

When you register an out-of-state child support order in Nebraska, some rules from the original state still apply. This includes the "duration of the child support order." This means that the age of majority that automatically terminates child support from the original state still... Read more »

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Can DHHS revoke my custody based only on the filing of modification of custody alone before any judge signs or trial?

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... Read more »

Julie Fowler
Julie Fowler 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... Read more »

1 Answer | Asked in Family Law for Nebraska on
Q: my stepdaughter is 17 does she have to go to her moms if she has a job her mom lives 45 miles away

the parenting plan was made when she was 7 yrs old, and states that her mom is to get her every tuesday and thursday but 6 years ago she moved 45 miles away and does not get her on those day's but does take her every other weekend and her holiday's. Her being 17 she has a job

and... Read more »

Julie Fowler
Julie Fowler answered on Feb 9, 2021

Unless you reach an agreement with the other party, you are required to follow the court order. If a teenage child has only two weeks in the summer with an out-of-town parent, it would be common for the teenager to take off work for those two weeks to visit their other parent. If that... Read more »

2 Answers | Asked in Family Law for Nebraska on
Q: CPS is trying to get a hold of me and I'm not sure why do I need to return their phone calls
Vanessa Jean Gorden
Vanessa Jean Gorden answered on Feb 9, 2021

If you are concerned that you may be accused of something, you can request a lawyer reach out to them for you or be present when you are interviewed. If you are a parent being investigated, be aware that they may go to school or elsewhere to interview your children. You may wish to visit... Read more »

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1 Answer | Asked in Family Law for Nebraska on
Q: Original date of court order met, child support extended without notice due to age 19 law. Child lived on own, NCS want

Me to pay back child support from time of 18 to 19. Child has been living on their own and has been paying mom even when living for the three months of 18 and never reported the move. I was grandfathered in to new law and never knew I was still responsible for child support. I've sent money to... Read more »

Julie Fowler
Julie Fowler answered on Jan 25, 2021

It isn't clear from your question if this is a Nebraska case. In Nebraska, child support is generally ordered until the child turns 19 years old. It is possible to file a motion to credit if you paid child support directly instead of paying through the Child Support Payment Center. It would... Read more »

2 Answers | Asked in Family Law and Child Custody for Nebraska on
Q: In NE, is the mother awarded temporary custody after spliting from the Childs father if they weren't married?

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?

Vanessa Jean Gorden
Vanessa Jean Gorden 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... Read more »

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1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: My grandson has lived with us for a year..Hes 11. His mother is unfit. What can I do to get legal custody of him?

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... Read more »

Julie Fowler
Julie Fowler 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... Read more »

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: How can I get guardianship over my 18 y/o cousin that lives with me and her mom wants nothing to do with her?

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

Julie Fowler
Julie Fowler 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... Read more »

1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: without loosing his job, my ex managed to get notification to child support that he was no longer employed.

Some how my ex was able to send some kind of falsified notice to child support stating that he's no longer employed by the company he is still and has been working for for 3 yrs. How can this happen and why won't child support enforcement tell me how they were notified? What recourse do I have?

Julie Fowler
Julie Fowler answered on Dec 1, 2020

The Child Support Office is limited in what information they can provide to the custodial parent. You can send an income withholding to an employer on your own. You are not required to have child support send the income withholding. It is not uncommon for family law attorneys to do so. You... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Nebraska on
Q: Can cps keep my kids away from me? I haven't seen my kids in 4 weeks since they took them!
Julie Fowler
Julie Fowler 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... Read more »

1 Answer | Asked in Family Law for Nebraska on
Q: My child’s father has known about child since day one but refused to be in their life. Can they come back after 4 years?

They knew about the child from day one but didn’t want to step up! Now after 4 years they decided they are ready to be in said child’s life! No child support or Paternity test was done. Could they have any rights to said child?

Julie Fowler
Julie Fowler answered on Nov 22, 2020

The statute of limitations to establish paternity is 4 years old for a private party but 18 years old for the State. Once the state brings a paternity action, then the father can ask for custody and parenting time. Thus, there are many cases where a father is granted parenting time (and sometimes... Read more »

1 Answer | Asked in Family Law and Health Care Law for Nebraska on
Q: Who has authority over dying father adopted eldest or biological
Julie Fowler
Julie Fowler answered on Nov 22, 2020

As long as the person is competent, they get to make their own decisions. If the person becomes incompetent, then the person set forth in their power of attorney would get to make legal decisions for them. If these documents aren't in place, then the person who wants to become the legal... Read more »

1 Answer | Asked in Family Law for Nebraska on
Q: How can I gain rights to my step daughter?

My husbands ex wife is involved with cps in Texas and had her other child removed from her home for meth use and neglect. My husband has residential custody of the child they had together in Nebraska where we currently live. I have been in her life for 4 years and legally married to her dad for... Read more »

Julie Fowler
Julie Fowler answered on Nov 22, 2020

The best protection would be to become the child's legal mother by adopting her through a step-parent adoption action. You would need to have the biological mother's parental rights terminated, which is a very high bar and would require a contested court action if the biological mother... Read more »

1 Answer | Asked in Family Law for Nebraska on
Q: I live in Nebraska, my daughter which will be 17 in January does not want to go visit her mother, does she have to go?
Julie Fowler
Julie Fowler answered on Oct 27, 2020

If there is a court order granting a parent specific parenting time, then the Court generally expects that the parties will follow the court order. Whether a parent will be found in contempt for violating this order when an older teenager does not want to follow the court order depends on a lot of... Read more »

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Nebraska on
Q: Can custody be removed from a parent if parent signed temporary guardianship to someone else?

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?

Julie Fowler
Julie Fowler 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... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Nebraska on
Q: If I gave gaurdianship during a state case and the state closed the case before termination of gaurdian. How do I?

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... Read more »

Julie Fowler
Julie Fowler 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.

1 Answer | Asked in Family Law for Nebraska on
Q: The mother of my 1 year old baby will not let me see or spend time with him for no reason at all so what can I do?

My son was living with me for 2 months because she couldn't keep him because she had court ordered inpatient rehab and when she got released I let her take him to spend time with him and we agreed she would have him for 1 week and I'd have him for a week and we were supposed to keep doing... Read more »

Julie Fowler
Julie Fowler answered on Oct 19, 2020

If the parents can't agree on what the custody and/or parenting time with the child should be, then a parent may need to file a custody action. Within the custody action, the Court can enter a temporary order stating forth each parent's time with the child. If one parent claims the... Read more »

1 Answer | Asked in Family Law and Social Security for Nebraska on
Q: Where can I find the money my father left me when he died? I'm 18 and was told it had to be claimed before I tuned 18
Julie Fowler
Julie Fowler answered on Oct 14, 2020

How to track this down depends on what what type of funds you believe were left to you. For example, life insurance proceeds are transferred in a different manner than cash in a bank account. If you believe there may be social security dependent benefits owed to you, you may want to go to your... Read more »

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: Ready to leave 17 year relationship with father of 12 year old daughter. Just want to be a step ahead how do i do this

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... Read more »

Julie Fowler
Julie Fowler 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... Read more »

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