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Nebraska Family Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Nebraska on
Q: My friends daughter was taken from Idaho to Washinton and landed in Nebraska. They have a parenting plan issued by idaho

They both have legal custodial and physical custody with the father having 4 out of 7 days giving him primary custodial care. He went to jail for domestic violence against his girlfriend and 4 accounts of misdemeanors for the children. His mom is there now and we think she is trying to get... View More

Julie Fowler
Julie Fowler
answered on Sep 22, 2023

The first question when dealing with interstate issues is usually jurisdiction. Generally, the Court that entered the original order is the Court that continues to handle the custody case until both parents have moved from that state. Thus, if the order was issued in State A and there is at least... View More

3 Answers | Asked in Child Custody and Family Law for Nebraska on
Q: In a custody order, judge noted I may “petition the court for immediate termination of visitation”. How do I do that?
Julie Fowler
Julie Fowler
answered on Sep 20, 2023

Depending on your facts, this could mean a number of different things. If this is a custody dispute between two parents, then the judge may be suggesting that you file for an emergency order of custody with a request to suspend the other parent's parenting time on an emergency basis. As far... View More

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3 Answers | Asked in Child Custody and Family Law for Nebraska on
Q: In a custody order, judge noted I may “petition the court for immediate termination of visitation”. How do I do that?
T. Augustus Claus
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answered on Sep 20, 2023

In Nebraska, to petition the court for the immediate termination of visitation as indicated in a custody order, you would initiate a formal request detailing your reasons for wanting the change. This involves drafting a petition stating your reasons, which should be grounded in the child's... View More

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2 Answers | Asked in Child Custody, Divorce and Family Law for Nebraska on
Q: If a child has lived in the same state for 3 years and out of state parent wants primary, how likely is that to happen?

Our son has lived with me in one state for 3 years and my ex lives out of state. He is now asking for primary custody and wants to move son out of state. Son is doing incredible well here and always lived with me. What are the chances a judge would change to allow exp primary? These is no reason... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Sep 20, 2023

The person seeking to modify custody and remove a child from a custodial parent in Nebraska typically has a difficult road. They have to prove that (1) there has been a material and substantial change in circumstances since the initial custody order was entered, such as unfitness by the custodial... View More

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2 Answers | Asked in Child Custody, Divorce and Family Law for Nebraska on
Q: If a child has lived in the same state for 3 years and out of state parent wants primary, how likely is that to happen?

Our son has lived with me in one state for 3 years and my ex lives out of state. He is now asking for primary custody and wants to move son out of state. Son is doing incredible well here and always lived with me. What are the chances a judge would change to allow exp primary? These is no reason... View More

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

The parent would have to prove that there is a material change in circumstances and that it is in the minor child's best interests to change custody. Generally, if a child is doing incredibly well, then the parent asking to change custody to move out-of-state may have an uphill battle to... View More

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2 Answers | Asked in Family Law for Nebraska on
Q: So my 18 year old son just went off to college.my parents have guardianship over him I don't know how long they have

Guardianship for the bank sent me over the reliant card with a child support on it I'm not sure what to do so is he now and my custody

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

If you want to terminate the guardianship and the child is still a minor under Nebraska law, then you need to file an action with the Court to ask to terminate the guardianship. If no party is objecting, then the Court may be likely enter an order to terminate the guardianship case and thus... View More

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2 Answers | Asked in Family Law for Nebraska on
Q: So my 18 year old son just went off to college.my parents have guardianship over him I don't know how long they have

Guardianship for the bank sent me over the reliant card with a child support on it I'm not sure what to do so is he now and my custody

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Sep 20, 2023

You will want to use the Nebraska.gov/Justice system to pull the public records of guardianship to see if it is still in place or has been terminated (this will cost a nominal fee). Your best bet is to visit with an attorney familiar with custody and guardianship to advise you on next steps. If... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for Nebraska on
Q: 18 year oldyear old son has been living with his grandparents they have temporary guardiansship over hm he just went of

Went off to college so is that now mean that I have custody of him now because they sent the ReliaCard to me I don't know what to do

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

If you want to terminate the guardianship and the child is still a minor under Nebraska law, then you need to file an action with the Court to ask to terminate the guardianship. If no party is objecting, then the Court may be likely enter an order to terminate the guardianship case and thus... View More

2 Answers | Asked in Family Law and Child Support for Nebraska on
Q: terminate child support, joined the millitary.

How do I fill out the affidavit to obtain termination of child support. He joined the military, and his mother has agreed to terminate the support. I only have 4 boxes to check, he died, he got married, he's 19, and the child has been emancipated by court order form ______. None of these fit... View More

Julie Fowler
Julie Fowler
answered on Aug 31, 2023

You aren't required to use a specific form to make this request. Many of the forms available on the court's website do allow you to handwrite changes to match your situation. That may be a possibilty here if your court will accept it with a handwritten change. If they won't and... View More

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2 Answers | Asked in Family Law and Child Support for Nebraska on
Q: terminate child support, joined the millitary.

How do I fill out the affidavit to obtain termination of child support. He joined the military, and his mother has agreed to terminate the support. I only have 4 boxes to check, he died, he got married, he's 19, and the child has been emancipated by court order form ______. None of these fit... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Sep 20, 2023

You can try writing in the correct reasoning and having both parents sign off and have signatures notarized. However, depending on how much your child support is each month, your best bet is likely to just hire a lawyer to draft a Stipulated Termination so the lawyer can reference your specific... View More

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1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Kids 9 and 11 want custody modification for 50 50 custody plan. Is there a way for them to modify with GOL or something

I'd file myself but can't afford. Would need to win the lottery or take out a loan. Wish someone would listen to them and just do whatever they would like. Kids being happy is all that matters to me.

Julie Fowler
Julie Fowler
answered on Aug 30, 2023

In Nebraska, if a parent wants to modify the current custody order, the parent can file a complaint to modify. You are not required to have an attorney to file the complaint to modify. There is information and some forms on the Nebraska Supreme Court's website if a parent wants to try to... View More

1 Answer | Asked in Family Law for Nebraska on
Q: I presently have an order of guardianship and conservatorship from the court in Wichita Kansas.

My daughter is able to manage her medical care ad her finances. There is no longer a need for my services. How do I end it? We are back in Nebraska. Can we do it there or does it have to be done I’d Kansas?

Julie Fowler
Julie Fowler
answered on Jul 31, 2023

To terminate a Kansas order, you would generally need to go through the Kansas Court. Depending on the circumstances, you may be able to move the order to Nebraska and then have the Nebraska court terminate. However, it is likely easier just to do the termination without the separate step of... View More

1 Answer | Asked in Family Law, Child Support, Civil Litigation and Health Care Law for Nebraska on
Q: My ex sent me bills for our daughter and I paid them. She did not include discounts. Can I file fraud charges?

I was billed $3600 and told that financial assistance wasn’t available and that the total was including insurance discounts. After reaching out to the hospital it was determined the total was roughly $400 and she didn’t even make a single payment. Now she’s taking me to court for contempt... View More

Julie Fowler
Julie Fowler
answered on Jul 25, 2023

If you feel a crime has been committed, you could try filing a police report but it would be up to law enforcement/prosecutor whether the circumstances meet the criteria for the State to be willing to file criminal charges. Sometimes if they feel the matter may not meet the criteria and could be... View More

2 Answers | Asked in Family Law for Nebraska on
Q: If an 18 year old in Nebraska moves out of the parents home, are the parents required to financially support them?

18 y.o. expects parents to pay for an apartment for them.

Julie Fowler
Julie Fowler
answered on Jul 24, 2023

In Nebraska, the age of majority is 19 years old. Thus, a 18 year old is still subject to the parent's rules and decisions and the parents continue to have a duty to support.

However, Nebraska statute section 43-2101, specifically states that an 18 year old is legally responsible...
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2 Answers | Asked in Family Law, Child Custody, Child Support and Native American Law for Nebraska on
Q: Do I need to file for CS & custody through Indian tribe since I divorced through there, not tribal member?

Ex husband is a tribal member, we had written a parental agreement including an amount he would pay monthly. It was stamped and certified, I believe, by their judge. The agreement has not been honored in over a year. I live out of the state I was divorced in (AZ), Id like to file here if its... View More

Julie Fowler
Julie Fowler
answered on Jul 20, 2023

Once all parties have moved to another state, it is generally possible to register the order in the state where the child is now residing. Generally you need court permission to move a child out of state once a custody order has been entered (at least in Nebraska). If that did not happen before... View More

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2 Answers | Asked in Family Law, Child Custody, Child Support and Native American Law for Nebraska on
Q: Do I need to file for CS & custody through Indian tribe since I divorced through there, not tribal member?

Ex husband is a tribal member, we had written a parental agreement including an amount he would pay monthly. It was stamped and certified, I believe, by their judge. The agreement has not been honored in over a year. I live out of the state I was divorced in (AZ), Id like to file here if its... View More

James L. Arrasmith
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answered on Jul 28, 2023

Since you were divorced through the Indian tribe and not a tribal member, it is likely that you would need to address child support and custody matters through the tribal court. However, as you and your ex-husband currently live out of the state where you were divorced (AZ), it may be possible to... View More

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1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: Been separated from husband several years but not legally divorced. He recently married another woman...this legal?
Julie Fowler
Julie Fowler
answered on Jul 1, 2023

You can't legally marry in Nebraska if you are already married. The second marriage would be void.

It is possible that a person is divorced and not know it. For example, if a spouse can't find the other spouse to serve them with the divorce, the Court can allow a person to serve...
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1 Answer | Asked in Child Support and Family Law for Nebraska on
Q: Why did my daughters grandma get my back child support .

I raised my daughter from birth to 2 months before she turned 18. She moved in to her grandmas house (dads mom) and has paid rent and utilities the whole time. I called and terminated any further child support because she was supporting herself, but I just got a statement and all my back child... View More

Julie Fowler
Julie Fowler
answered on Jun 24, 2023

You would need to look at the child support order that ordered the child support. Who is listed as the payee to receive listed to receive child support in the court order? The person who is listed as the payee is the person that the Court has ordered child support paid to. If someone else is... View More

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Nebraska on
Q: NEB/ my child support case required a referree report, is it true a referee is only required for step parent/non custdia

ive never did a paternity test but i did sign the birth certificate & a AOP i had a child support case which was dismissed because my son is with me more then his mother & ive had insurance since he was born, a referree report was required, i had 14 days to come back to court which i was... View More

Julie Fowler
Julie Fowler
answered on May 24, 2023

The Child Support Referee is a type of judge that primarily handles child support cases. One way to think about it is to think that the child support referee is under the supervision of the district court judges. There are so many child support cases and it helps to have a specialized judge to... View More

2 Answers | Asked in Family Law, Real Estate Law, Collections and Municipal Law for Nebraska on
Q: How can I protect myself and my property from debtors who are suing my girlfriend, whose name is on the deed also ?

We've been together 20yrs, but never married. We are both on Social Security Disability, and rely on each other in times of need. Her name is on the deed simply because I have no living relatives to leave anything to. (I've paid for the property outright from an inheritance) She's... View More

Julie Fowler
Julie Fowler
answered on May 11, 2023

She needs to defend against the action that she was served with and speak with an attorney now. She likely need to file a response with the Court now and take other actions to respond to the lawsuit or she may unintentionally waive some of her rights. If the creditor is persuing the home and you... View More

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