Nebraska Family Law Questions & Answers

Q: I need help understanding language on a final order about tax deduction entitlement

1 Answer | Asked in Family Law for Nebraska on
Answered on Jan 29, 2019
Julie Fowler's answer
Most orders are referring to the tax filing year when they state whether the tax benefit relates to an even or odd year. There isn't a way to know whether your order is like most order or not without reading the full document. If an attorney assisted you in the order, you may want to contact their office to clarify.

Q: Can my child's father be indicted for not be present in the said childs life and be charged for child abandonment??

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Child Support for Nebraska on
Answered on Jan 19, 2019
Vanessa Jean Gorden's answer
The terms you are using ("indictment" and "charged") do not really apply to paternity and parenting situations. If father signed a Notarized Acknowledgment of Paternity, that serves as a legal basis for paternity under Nebraska law. However, more must occur in the courts for him to have the responsibility to pay support or to have rights of parenting time for the child. If child support has been established and court-ordered and he does not pay, he may eventually be held criminally liable for...

Q: How much time do I have to file an answer to an Amended Dissolution of Marriage if I signed a voluntary appearance?

1 Answer | Asked in Family Law and Divorce for Nebraska on
Answered on Dec 27, 2018
Julie Fowler's answer
Pursuant to Nebraska Court Rules of Pleading Section 6-1115 (a), a party has the time remaining to file a response to the original pleading or within days 10 days after service of the amended pleading, whichever is longer, unless the court orders otherwise.

Generally, an amended complaint can be mailed to the address that the party was served with the original complaint. It is very important to file an updated address with the Court so that all parties and the court are aware what...

Q: Understanding a "order for hearing " regarding guardianship of a Minor child.

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Answered on Dec 13, 2018
Julie Fowler's answer
Sometimes the Court enters an order to tell the parties of a hearing date that the parties are ordered to appear at. Sometimes these orders also state other court orders that the parties must follow. I'm not sure if that is what is happening in your case as you would have to know the facts of your specific case and what the order actually says.

Q: My ex is moving to Europe and wants to bring the dog that we co-parent. Can I stop him?

1 Answer | Asked in Family Law for Nebraska on
Answered on Dec 11, 2018
Julie Fowler's answer
Pets are technically personal property. That being said, you will at times see a court enter a custody type order regarding pets in a divorce. It is possible to bring an action regarding a pet before the court to try to stop the other party from taking away your personal property (in this case the dog).

Q: Can my fiance move out of her parents house at 17 and live with me if we move out of state?

1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for Nebraska on
Answered on Nov 5, 2018
Brendan Michael Kelly's answer
No. She is considered a child until age 19 or her marriage.

Q: How do I have clerk take notice of Fed.R.Civ.P Rule 60 (a)?

2 Answers | Asked in Family Law and Divorce for Nebraska on
Answered on Oct 29, 2018
Vanessa Jean Gorden's answer
The Federal Rules of Civil Procedure do not apply to family law cases, first of all. Each state's domestic relations statutes and court rules govern family law cases. Second, the clerk does not "take notice" - the Judge may take judicial notice of prior orders in the case where it is appropriate and requested. You will want to consult with a local attorney regarding the status of your case. Please note that regardless of what you filed, if there is not an Order signed by a Judge or Appellate...

Q: How do judges handle chronic custodial interference?

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Answered on Oct 5, 2018
Julie Fowler's answer
The general process to enforce court-ordered parenting time that the other parent is denying is to file a contempt action. The other parent can be ordered up to 6 months jail time for failing to following the court's order. Whether the court will order such or instead something like make up parenting time or an order to reimburse costs for travel expenses when didn't get to see the children after traveling for a visit, depends on the facts and the judge assigned to the case.

Q: Can tempary Insanity be used as a defense of domestic violence adultery was involved?

1 Answer | Asked in Family Law for Nebraska on
Answered on Aug 30, 2018
Brendan Michael Kelly's answer
Not likely, my suggest would be to file and seek custody. If you already have a DV case filed against you, you will want to defend that first.

Q: My mom cut me out and I was wondering if I was able to get visitation with my siblings? Im 15

1 Answer | Asked in Family Law for Nebraska on
Answered on Aug 21, 2018
Vanessa Jean Gorden's answer
Technically, there is no legal right to sibling visitation unless there is a juvenile case opened where all of the children are involved. That said, a number of concerns come to mind. At 15, even if you have a job and an appropriate place to stay, being "cut out" by a parent prevents you from doing all sorts of things, including registering for school, seeking medical care, etc. Unless you are residing with another parent or a person who has been given a delegation of parental powers by one of...

Q: I need help getting emancipated I’m 16 years old with a good paying job

1 Answer | Asked in Family Law for Nebraska on
Answered on Aug 8, 2018
Vanessa Jean Gorden's answer
Hello. If you do not have a stable home and your parents are taking advantage of money you are earning, you are unlikely to be emancipated. Emancipation is very rare and typically only available to those who are already living independently despite their minority. However, you may qualify for assistance from the Department of Health and Human Services. If a juvenile case is opened, you could be placed in foster care, in a group home, or on an independent living plan, depending on your...

Q: while I was in jail my 2 kids where placed with my mother by the state. my mother and I are not on good

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Nebraska on
Answered on Jul 5, 2018
Julie Fowler's answer
If you know what county the action was in, you can likely found out the court case number and what the final order was.

Q: Does my sons dad have any rights to our son?

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Answered on Jun 18, 2018
Julie Fowler's answer
A father has equal rights to their child as the mother once paternity is established. In Nebraska, paternity is generally established in one of three ways: signing a notarized acknowledgement of paternity to have his name added to the birth certificate, being married to the mother at the time of birth, or by a court order. Generally, until paternity is legally established, a father does not have legal rights to the child.

Q: My child's father does not have a bed for my child. What should I do? Who should I contact?

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Answered on Jun 18, 2018
Julie Fowler's answer
To ask the court to enter an order setting forth who has custody of the child, when each parent has parenting time, among other parenting-time related issues (such as specifically stating that the child must have his own bed to sleep in), you would file a custody action. Within the custody action, the court would enter orders addressing custody, parenting time, and related issues. The Court would likely order both parents to attempt mediation as part of the court case to try to work some or...

Q: My 17 year old daughter is pregnant. I want custody of baby or power of attorney. Is that possible? She will be 18 when

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Answered on Feb 13, 2018
Brendan Michael Kelly's answer
The child is not an adult until 19 in Nebraska. Power of attorney over the child that is not born is not allowed. You should contact social services and see about getting support for the medical delivery and the father will be required to pay for the medical share. The child once born should be turned over to you to raise at least until the mother is 19, or the father is given custody since he is an adult.

Q: If someone changed their name legally and got married with their previous last name is the marriage legally binding?

1 Answer | Asked in Family Law for Nebraska on
Answered on Jan 29, 2018
Brendan Michael Kelly's answer
Not real sure of the question you are asking. If someone changed their name legally (from Smith to Jones) and got married under a now false name (Smith) the marriage would still be valid. The license would have to be changed to correct the name, assuming they did everything else to obtain a civil marriage license. If the former named party was married at the time, the new marriage would be subject to bring able to be annulled, should the new spouse seek to have the marriage voided. Hope that...

Q: Can my ex move out of state with our daughter without my consent?

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Answered on Jan 15, 2018
Brendan Michael Kelly's answer
Yes, unless you have an existing court order she can move and take the child with her. I would suggest you contact a lawyer and get a order in place. If she moves with the child and no order, once you get jurisdiction in another state you will have to fight for your rights in the new state.

Q: My ex boyfriend grabbed my daughter and took off with her. I haven’t heard from them since. Is there anything I can do?

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Answered on Oct 13, 2017
Brendan Michael Kelly's answer
If you were hurt when he elbowed you and pushed you you should call the police and get him arrested for assault and then you will have law enforcement help getting your child back. Otherwise without a criminal matter the police will not be involved and if he is the father of the child it is not kidnapping. If an existing custody order is in place then he may have violated it. Get the cops involved for the assault is the fastest way to get your child back. Cops won't enforce custody orders.

Q: My question is my fiance went to our vets and told them some story and got the billing change to his name and had it

1 Answer | Asked in Family Law and Animal / Dog Law for Nebraska on
Answered on Aug 21, 2017
Brendan Michael Kelly's answer
You need to get a lawyer involved to obtain the dog(s) so that he does not take them. If you have proof than you should be able to get them back. Timing is essential for getting the dog(s) back. You may also have certain rights as regards other mutual property.

Q: Can I give temp.gaurdianship and custity of my kids to my mother without getting a layers involved ?

1 Answer | Asked in Family Law and Juvenile Law for Nebraska on
Answered on Aug 14, 2017
Brendan Michael Kelly's answer
If you are the only parent on the birth certificate you can provide guardianship to your mother. If another parent is involved than they would have to sign off in theory. This would allow her to send the kids to school, medical needs, etc..

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