Lawyers, Answer Questions  & Get Points Log In
Nebraska Family Law Questions & Answers
1 Answer | Asked in Family Law for Nebraska on
Q: separating unmarried couple, can mother/father move out with a 3 year old child?

unmarried, been together for about 5 years, child is 3 years old.

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jul 9, 2020

Yes. There are several factors that may affect legal rights and responsibilities. First, whether natural father signed an acknowledgment of paternity at the child's birth. If so, that is legal paternity. If not, parents can only bring a private action to legally establish parentage within the... Read more »

2 Answers | Asked in Divorce and Family Law for Nebraska on
Q: In my divorce decree, it states that my ex wife will take over our mortgage payment but my name is still on the mortgage

She’s not cooperating to have my name removed to refinance or loan assumption. We’ve been divorced since 2017. How do I go about getting my name off.

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jun 15, 2020

Remember that your divorce decree is only valid as between the two parties involved - the Court that granted your Decree cannot force a bank to remove your name or allow the ex to refinance. As a best practice, my office typically ensures we draft a provision requiring the spouse keeping a mortgage... Read more »

View More Answers

2 Answers | Asked in Domestic Violence and Family Law for Nebraska on
Q: My children are being abused physically and emotionally by their mother. What are my options?

She has primary custody but neither of the kids want to live with her. They are afraid if she finds out they told me before action is taken that she will be more abusive towards them. Their grandparents can confirm what they are saying and I have several texts from the kids as well.

Julie Fowler
Julie Fowler answered on May 5, 2020

Every person is a mandatory reporter of child abuse. If you believe a child is being abused or neglected in Nebraska, you have a duty to report it to the Nebraska Child Abuse hotline.

A parent can file for an emergency custody order to be awarded emergency temporary custody of a child...
Read more »

View More Answers

1 Answer | Asked in Family Law, Civil Litigation and Civil Rights for Nebraska on
Q: wife cheated in Nebraska can I sue under religious reason since the bond of matrimony is a religious one

I feel my religious freedom was taken away by this guy that I feel marriage is a promise made to each other as God being a witness and blessing the marriage

Julie Fowler
Julie Fowler answered on Apr 16, 2020

Nebraska is a no fault divorce state. You would have to speak with your religious leaders to see if there is a religious sanction within your religion for breaking the vows. This would not be something enforced through the Court.

2 Answers | Asked in Family Law and Civil Litigation for Nebraska on
Q: I’m in Nebraska my wife cheated can I sue the third party
Julie Fowler
Julie Fowler answered on Apr 15, 2020

There was an old cause of action for damages against a person that your spouse cheated on you with. Although other states may still have some form of this action available, Nebraska has abolished this cause of action.

Cheating is a common cause of divorce. Except in cases where one...
Read more »

View More Answers

1 Answer | Asked in Family Law for Nebraska on
Q: So let’s just say he’s a narcissistic so he’s gonna do anything and every to Try and hurt me he also makes more money
Julie Fowler
Julie Fowler answered on Apr 8, 2020

I assume you have some type of custody or divorce case? If so you should retain an attorney to assist you. Maybe because people with narcissism tend to have personal problems, but it is common for family law attorneys to have cases with one person seeming to have some type of narcissist traits... Read more »

2 Answers | Asked in Family Law for Nebraska on
Q: I need to know the legal side of a divorce. Like can my husband take everything from em like he threatens
Vanessa Jean Gorden
Vanessa Jean Gorden answered on Apr 8, 2020

The only way to really know your rights and responsibilities in a divorce is to confidentially visit with an attorney about the specific facts of your situation. The attorney can talk about the potential options and positive and negative aspects of your position. As a general rule, courts try to... Read more »

View More Answers

1 Answer | Asked in Family Law for Nebraska on
Q: I am 17 and will be 18 in 2 months. I want to move in with my boyfriends family, will we get in trouble and take me away

My boyfriend turned 20 in September of 2019 but we had high school together and are only 2 1/2 years apart. I want to move in with his family because they support me, and my parents treat me very poorly. Can he get into legal trouble if I move into his house but have a separate room and it’s not... Read more »

Julie Fowler
Julie Fowler answered on Apr 7, 2020

If a child moves out without their parent's permission, law enforcement may assist in retrieving the child as a runaway. If adults are assisting the child in this, they could also be charged, whether the child is living in a separate room or not.

1 Answer | Asked in Family Law for Nebraska on
Q: Does a affidavit for detention order need to be signed by a judge in a cps case to remove a child
Julie Fowler
Julie Fowler answered on Apr 2, 2020

Orders are signed by judges. Affidavits are usually signed by a person that is a first-hand witness to certain events. In a CPS case, it may often be a law enforcement officer or CPS worker.

1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: bought my house before marriage, soon to be ex wife is refusing to let my dad on the property to mow. What can I do?

We are starting to go through divorce. Bought my house before marriage and she has paid no bills. I work out of state and my father mows. She is currently saying she wont allow him on the property. Can she legally block him from the land?

Julie Fowler
Julie Fowler answered on Mar 25, 2020

In a divorce action, the Court can grant one party the exclusive use of the marital home in a temporary order. If such is the case, then this would generally also include the ability to prevent family members from entering on the premises, including to do maintenance or mow the grass.

If...
Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Nebraska on
Q: In court orders it says I am to be made aware of appointments and the kids names are to be changed. Amoung other thing

She has not done any of this and has me blocked from contacting her. How can I file a contempt of court

Julie Fowler
Julie Fowler answered on Mar 5, 2020

There are some forms available on the Nebraska Supreme Court's website under forms regarding show cause/contempt actions that will give you an idea of how these work.

3 Answers | Asked in Child Custody and Family Law for Nebraska on
Q: Can I stop ex from taking kids out of state because his attorney didn't submit final custody order decree yet?

My ex has an attorney and I don't we had court February 26th and I gave my ex full custody of our kids until I'm off probation but we have joint legal custody however many issues were not discussed such as taking the kids out of state, holidays, etc. And we are already having issues with... Read more »

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Mar 5, 2020

If out of state travel is not addressed in the Parenting Plan, generally either parent may take the children out of state for any period that does not overlap the other parent's parenting time. However, case law in Nebraska is clear that the custodial parent cannot permanently move the... Read more »

View More Answers

1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: I'm paying child support on a child that i have no legal rights to?

My name is no where on any legal papers

Julie Fowler
Julie Fowler answered on Mar 3, 2020

If it is a Nebraska child support order, then there must be a Nebraska court case that created the child support order. If you contact child support services, you can find out the Court Case number. The case number would also likely be on any invoice you receive for child support.

If...
Read more »

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: How do i get My child's social security number
Julie Fowler
Julie Fowler answered on Mar 3, 2020

A custodial parent can request a replacement social security card with social security.

1 Answer | Asked in Divorce, Estate Planning, Family Law and Real Estate Law for Nebraska on
Q: Husband won't put my name on the deed to house. I have been paying towards the mortgage since marriage. What can I do?

Only his name is on the mortgage, he paid on the house for 6 years before we were married. House has appreciated since marriage, we have both put work into it. He makes 50k more a year than I do, but I work FT and stay home with our child 5 days a week. I pay half of all utilities/groceries/family... Read more »

Julie Fowler
Julie Fowler answered on Mar 3, 2020

Generally, even if only one spouse's name is on the deed, the court will generally consider the home as marital if purchased during the marriage. If one spouse owned the home prior to the marriage, then the Court will generally determine that part of the equity in the home is marital and part... Read more »

1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: can a closed South Dakota child support case be reopened in South Dakota when neither parents no longer reside in the st

The custodial parent closed the case in May 2017, left the state of SD at that time with no notification to the court of the relocation. The non-custodial parent was incarcerated at the time the order was initiated 2016 and was not released until 2017 and immediately paroled to Omaha, NE.... Read more »

Julie Fowler
Julie Fowler answered on Feb 24, 2020

If it is a South Dakota case, the person inquiring needs to speak with an attorney licensed in South Dakota. If this was a Nebraska case, the party would likely be able to reopen enforcement of unpaid judgment established by a court order for child support.

2 Answers | Asked in Family Law, Child Custody and Child Support for Nebraska on
Q: Seeking a custody change

My ex and I have two children with 50/50 custody arrangements. This is to include sharing costs for all school, daycare, and medical costs, ect. He is also ordered to pay $156 a month in child support. Since our divorce was finalized, he hasnt paid any additonal costs and stopped paying child... Read more »

Julie Fowler
Julie Fowler answered on Feb 11, 2020

A party needs specific court permission to move the children out of state. Generally, but depending on the wording of the current order, a party doesn't need court permission to move the children within state. That being said, if the move would effect the parenting time or exchanges, it is... Read more »

View More Answers

1 Answer | Asked in Family Law for Nebraska on
Q: What happens to a countersuit if the original suit is dropped

This would be in family court for a modification to the parenting plan.

Julie Fowler
Julie Fowler answered on Feb 5, 2020

As long as the counter complaint was properly service, the Counter complaint remains active even if the original complaint is dismissed. If one party wishes to dismiss their complaint, they may want to first reach out to the other party to make sure they are also willing to dismiss their counter... Read more »

1 Answer | Asked in Family Law for Nebraska on
Q: My sister has guardianship of my 15 year old daughter she wants to give it up will I need to go back to court?
Julie Fowler
Julie Fowler answered on Jan 30, 2020

If the guardian wants to relinquish guardianship and the parent is ready to resume custody, then the parties still need court permission to terminate the guardianship. It is generally a straightforward process to motion the court to terminate the guardianship.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Nebraska on
Q: What state has Jurisdiction under UCCJEA?

4 Children born NE

Parents divorced

Mother and 2 children move to IL

Father and 2 children remain in NE

2 children travel to NE for summer vacation.

Father files Emer. custody and doesn't return children to IL

Mother was never served and... Read more »

Julie Fowler
Julie Fowler answered on Jan 21, 2020

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 »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.