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Nebraska Family Law Questions & Answers

1 Answer | Asked in Child Support and Family Law for Nebraska on

Q: I am being charged with a class 4 felony for back child support and now am being charged for 4 charges rather than one

I have had 5 surgeries in the last 4 yrs and pending more and the back is due to the state due to filing of family members being the mother dropped the support odder

Julie Fowler answered on Aug 21, 2019

I'm not sure what your specific question is. If you are facing felony charges, you can be appointed a public defender if you can't afford an attorney.

1 Answer | Asked in Family Law and Child Custody for Nebraska on

Q: I am 18 , my mom wants me to move to New Mexico with her from Omaha. I don’t want to

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 »

Julie Fowler answered on Aug 21, 2019

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 »

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Nebraska on

Q: I was wrongfully charged with child abuse, and want to fight it please help.

Julie Fowler answered on Aug 8, 2019

What your best defense is depends on the facts of your case and what specifically you were charged with. Hire an attorney to assist you or request court-appointed counsel.

1 Answer | Asked in Family Law and Child Support for Nebraska on

Q: Can the custodial parent opt out of receiving child support if both parents agree?

My s.o’s ex wife has stated she doesn’t want child support, is there a way she can opt out of receiving it and him paying it?

Julie Fowler answered on Jul 24, 2019

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 »

1 Answer | Asked in Child Support and Family Law for Nebraska on

Q: My daughter is getting child support, on her fafsa she has to claim me, the biological mother and the step dads income!!

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 »

Julie Fowler answered on Jul 16, 2019

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 »

1 Answer | Asked in Family Law, Child Custody and Child Support for Nebraska on

Q: My son's mom is refusing to let me take our son anywhere, like the park or even to lunch without her and no court order

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 »

Julie Fowler answered on Jun 27, 2019

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 »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Nebraska on

Q: My ex is getting custody of my oldest child, he is not biologically his. How do I stop this?

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 »

Julie Fowler answered on Jun 24, 2019

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 »

1 Answer | Asked in Family Law and Child Custody for Nebraska on

Q: Can the father of the baby, take the baby out of state right after birth?

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 »

Julie Fowler answered on Jun 13, 2019

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 »

1 Answer | Asked in Family Law and Child Custody for Nebraska on

Q: Parental rights

I was denied placement of my disabled granddaughter by cps because of lame excuses that hold no merit. My granddaughter is now placed with a stranger. A licensed foster parent. Can the mother sign my granddaughter over to me? Maybe a Temporary Delegation of Parental Rights? If so. Do we need an... Read more »

Julie Fowler answered on Jun 6, 2019

If a child has been removed from a parent by the Court, the parent doesn't currently have the ability to assign rights to another party under a temporary delegation of parental powers. Only the Court can assign rights at this time. If the Court has placed the child in the custody of CPS, then CPS... Read more »

2 Answers | Asked in Family Law and Child Custody for Nebraska on

Q: What is my next step?

I have been trying to get approved to foster my disabled granddaughter since January. The state has drug this out for 5 months. I have done everything that they have recommended of me so that I could be approved. I was informed Monday that they have denied me. I have talked to two people that were... Read more »

Vanessa Jean Gorden answered on Jun 5, 2019

If your granddaughter is involved in juvenile court and foster care, you can Motion to Intervene as a grandparent. Your best bet is to visit with an experienced juvenile law attorney. You have a right to see your home study as well, so that you can address it in Court if necessary. At the very... Read more »

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2 Answers | Asked in Divorce and Family Law for Nebraska on

Q: I realized my husband has an affair with other woman cheated before, can I sue her before my divorce?

He told me he is visiting his family in Europe but he is there with her now. Can they be arrested for a crime when they come back?

Julie Fowler answered on Jun 4, 2019

Nebraska law has abolished the law that had given a spouse a right to sue the person the other spouse was cheating with for monetary damages.

Adultery is not a crime in Nebraska.

Nebraska is a no fault divorce state. Cheating in a marriage may be relevant as to alimony and...
Read more »

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2 Answers | Asked in Family Law and Child Custody for Nebraska on

Q: Can my child's father take my children out of state for vacation if i don't give him permission to leave state?

I have full custody

Vanessa Jean Gorden answered on Jun 4, 2019

Unless your Parenting Plan specifically says he cannot leave a defined geographical area, he can travel freely during the confines of his scheduled parenting time. Many parenting plans include language about notifying for travel out of state, but do not require permission. However, if it is not... Read more »

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1 Answer | Asked in Family Law and Child Support for Nebraska on

Q: obligated to pay ex's new wife for part of insurance premium she carries on our children?

My ex and I share joint legal/physical custody of our 2 kids. There is no child support exchanged. My ex's new wife carries the medical insurance on them as she already had a family plan in place so her premiums did not change. My ex is now wanting me to pay her for part of the premium. As I... Read more »

Julie Fowler answered on May 17, 2019

It depends on what your order states. If the order states that each party has to pay half of the insurance premiums, then depending on the wording of the order, a party could be responsible under the order for half the premiums through a new spouse's insurance. That being said, if there is no... Read more »

1 Answer | Asked in Child Custody and Family Law for Nebraska on

Q: Does parent time mean neither the father nor mother have custody?

I got on probation a year ago, and im ordered to have it for another year. When I was on probation for 7 months I went to see my boyfriend who i was court ordered with probation not to have contact with. Things happened and i found out i was pregnant. I'm now five months pregnant and i haven't told... Read more »

Vanessa Jean Gorden answered on May 15, 2019

Alot of the answers to your questions are going to depend on how you are otherwise doing on probation and how your child's father is doing with his. Are you drug testing and testing clean? Are you living in a safe and stable environment? Obtaining prenatal medical care? Otherwise following the... Read more »

1 Answer | Asked in Family Law for Nebraska on

Q: I need to petition the court for modification of visitation. Stopping my son from having to visit his dad.

I have text messages, one actually telling me he told our son not to call him daddy anymore & he will never see him again.

Julie Fowler answered on Mar 26, 2019

To modify a custody order, the most common method is to file a modification action with the court. This begins by filing a complaint to modify and serving the other party. The Court is generally hesitant to eliminate all parenting time. That being said, if the other parent is not interested in... Read more »

1 Answer | Asked in Family Law for Nebraska on

Q: My 16 year old is dating a 19 year old.

He has been out of high school for a year so he has no supervision. Her dad has custody and is allowing her to continue to see this young man even after knowing she had snuck out of the house to see this young man. I am not ok with this. Is there a law to protect my daughter?

Julie Fowler answered on Mar 25, 2019

The law allows the parents to make decisions on whether to allow their child to date and who to date. Although the law does have some restrictions on sexual contact (such as what is referred to as statutory rape), generally these type of decisions are normal parenting decisions that the law does... Read more »

1 Answer | Asked in Family Law for Nebraska on

Q: Elderly father in Neb, lost wife to Leukemia in Dec. She has a ton of unpaid hospital bills. Is my father responsible?

Insurance has already paid their "share" and there is still a hefty outstanding balance. Father is on Soc Sec Disability. What is his obligation to pay these bills?

Brendan Michael Kelly answered on Mar 5, 2019

Unless your father signed for the bills they are not likely to be able to hold them responsible. Contact take the billing dept and explain the circumstances. I would also hold on to all the billing after reading them in case they take legal action. If they do you should contact legal aid.

1 Answer | Asked in Family Law for Nebraska on

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

Says defendant gets deduction in odd number years. Is that actual year or tax year?

Julie Fowler answered on Jan 29, 2019

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... Read more »

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Child Support for Nebraska on

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

Child's father lives in a different state and has no part in said child's life. The only thing that connects the two is he signed the birth certificate.

Vanessa Jean Gorden answered on Jan 19, 2019

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... Read more »

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1 Answer | Asked in Family Law and Divorce for Nebraska on

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

A Temp Order for Legal Sep was filed on 2/2/18 and I signed a Vol Aprnce (under duress and without a good understanding of what I was signing) on 1/31/18. My husband told me it would be cancelled after we figured everything out as I was living in CA for medical treatment at the time. After... Read more »

Julie Fowler answered on Dec 27, 2018

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...
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