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Nebraska Family Law Questions & Answers
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...
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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 parenting... 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 children... Read more »

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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...
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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 is... 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 likely... Read more »

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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 »

1 Answer | Asked in Family Law and Juvenile Law for Nebraska on
Q: In nebraska can victims take a minors name and the parents and blast them over social media
Julie Fowler
Julie Fowler answered on Jan 6, 2020

Not sure what you mean by "blast." It is illegal to libel or slander another person. On the other hand, it isn't generally illegal for a person to tell facts of a current event (i.e. the news reports a person was picked up on suspicion of drunk driving). Thus, depending on what was posted, it... Read more »

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: For the last 9 years, I've had primary custody of my 3 children. Now my ex is suing for sole custody.

8 months ago I told my family I had a problem abusing pain meds. I asked my ex to take our kids for a week while I worked on myself. He then filed a temporary order giving him full custody. I have never been in trouble with the law, my kids are happy, healthy. I was prescribed these for many... Read more »

Julie Fowler
Julie Fowler answered on Dec 30, 2019

The Court will look at the specific factors of the case when deciding custody. The Court will look at these when deciding which parent to give custody or potentially joint custody. You will want to retain an attorney to present you.

1 Answer | Asked in Adoption and Family Law for Nebraska on
Q: Complaint For paternity within 4 years after the child is born. Does this apply to father who didn’t know about child?

Mother is trying to get child adopted by her current husband. Would the four year rule still apply if the father is not aware that a child was born.

Julie Fowler
Julie Fowler answered on Dec 18, 2019

The four year statute of limitations does not have an exception for a father not knowing about the child. That being said, there are a number of ways to successfully get around the four year statute of limitations depending on your circumstances. The most common is to request the State to file an... Read more »

1 Answer | Asked in Family Law for Nebraska on
Q: If someone has temporary guardianship of a child can the parent get the child back at any time?

My daughter signed temp guardian papers. She was having some issues at the time. Now she's better and wants her baby back. But the guardian won't allow her to take her now. Can the parent just go get the baby?

Julie Fowler
Julie Fowler answered on Dec 18, 2019

I'm not sure what you mean by temporary guardian papers.

If the parent signed a temporary delegation of parental powers form, this is only good up to 6 months and the parent can rescind these powers in writing at any time. Once such is rescinded, then the other person has no legal...
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1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: I have a 10yo but never established paternity. How can i do that now?

I have received assistance but could not benefit from their help bc it being a one night stand i didnt know how or where to look for him, until recently. After finding him and his full name on FB i googled him. I got the address and a phone number.

Julie Fowler
Julie Fowler answered on Oct 23, 2019

You can file an action to ask the Court to establish paternity and child support. Alternatively, you can contact child support services and request the State file a paternity action now that you have contact information to attempt service on the father.

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Can my child’s counselor and lawyer deny me to see my child if it’s not signed off by a judge? If doctors also agree?
Julie Fowler
Julie Fowler answered on Sep 26, 2019

If a parent is being denied access to their child without a court order, it may be time to file an action or motion to ask for a court order allowing specific parenting time. Whether such will be granted or not depends on the specific facts of the case. You should contact an attorney to assist... Read more »

1 Answer | Asked in Family Law for Nebraska on
Q: Interesting in finding out what options a 16 year old in Nebraska and if they can legally live somewhere else

Interested in finding out the options for a 16 year old in Nebraska who is living in an abusive household

Julie Fowler
Julie Fowler answered on Sep 26, 2019

If a child is being abused or neglected, every person has a legal duty to report the abuse or neglect to the child abuse hotline. The number is (800) 652-1999. If it is determined that a child is being abuse or neglect, it could result in removal of the child from the home, services provided to... Read more »

1 Answer | Asked in Child Support and Family Law for Nebraska on
Q: Chances of judge starting parenting plan after 13 years of being divorced just because Of modification of child suppor

Been divorced 13 years after receiving child support modification papers defend it now wants modification of degree to get visitation of 15and 17-year-old sons whom both attend school and work and don’t want to go with defendant whom live in Omaha every other weekend .younger child defendant... Read more »

Julie Fowler
Julie Fowler answered on Sep 15, 2019

Even when a parent has gone a long period of time without seeing their children, the Court will often grant parenting time if requested. It is common for a judge to start with counseling first. For example, the judge would order family reunification therapy where the parent and child first meet... Read more »

2 Answers | Asked in Contracts, Divorce, Family Law and Child Support for Nebraska on
Q: Hello... I'm looking for West's Texas Digest full volume set. Have an idea where I can find a hard copy somewhere?

I'm not for sure which reporter it is under. But all "contracts", designed by John B. West in his "West American Digest System" in the mid 1800s, and developed by "West Publishing" to organize the entire body of American Law.

For instance, I have West's Nebraska Digest -- The entire set.... Read more »

Julie Fowler
Julie Fowler answered on Sep 2, 2019

Contact West Publishing? Amazon? E-bay?

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