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Nebraska Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: My husband and I ended our relationship and I have gotten my own place. Am I obligated to allow him to stay with me?

We have been separated for over a year because of domestic issues. I have gotten my own place to live within that year. He has gotten evicted from his place and now says that I am obligated by law to allow him to stay in my home.. my name is the only name on the lease

Julie Fowler
Julie Fowler
answered on Nov 3, 2022

It would be very unusual for the Court to order that you have to allow your spouse to move into your apartment when they are not on your lease and there is a history of domestic violence. If you no longer want to be married, you may want to file a divorce action to end the marriage and your duties... Read more »

1 Answer | Asked in Family Law for Nebraska on
Q: I was incarcerated for 15 yrs now I owe over $50,000 in arrearages can this amount be forgiven?
Julie Fowler
Julie Fowler
answered on Nov 3, 2022

Yes. If the party that is owed the money wants to forgive the child support debt, the Court will generally allow it. If the party who is owed the money doesn't want to write it off, then your options are often limited and you may likely need to start making payments towards the debt.

2 Answers | Asked in Child Custody and Family Law for Nebraska on
Q: I self filed for a complaint to Establishing Paternity, Custody, Parenting Time, and Child Support.

Am I able to self file to ask the judge for a temporary parenting plan? As my ex spouse has completely cut me out of our daughter's life and I'd like to have time with her during the proceedings.

Julie Fowler
Julie Fowler
answered on Nov 3, 2022

If it is an original action (not a modification of a prior order), then the Court will normally allow the parties to set the case for a temporary hearing. You are not required to have an attorney to assist you with a custody case. However, you are still held to the same court rules and procedures... Read more »

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2 Answers | Asked in Divorce, Family Law and Child Support for Nebraska on
Q: Do I still need to Emancipate my daughter and go through a court proceeding to do so?

My 18 year old daughter moved from Nebraska, where she is considered a minor at age 18, to Kentucky, where she is considered an adult, do I still need to go through court proceedings to emancipate her in order to stop paying child support on her? Neither her mother, nor I support her monetarily.... Read more »

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Oct 26, 2022

Check your child support order. Most include the language that child support continues until the minor child attains the age of majority, dies, marries, joins the military or is "otherwise no longer dependent upon the parents for support". You should be able to file a quick Complaint to... Read more »

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1 Answer | Asked in Family Law for Nebraska on
Q: How long does DNA test results take to come back in court ordered paternity?

Follow up to other question - friend got the court order to do genetic testing for twins that a woman claims are his but she doesn't have custody. The kids are in foster care and state has filed to terminate her rights. He is currently in jail and pending revocation of probation. How long do... Read more »

Julie Fowler
Julie Fowler
answered on May 4, 2022

Paternity tests result speeds depend on the lab. You can generally get rush results within a few days. Normally you would expect results from most labs within a few weeks.

1 Answer | Asked in Domestic Violence, Family Law and Libel & Slander for Nebraska on
Q: An abuser deleted my messages to them which shows the truth of lies they are trying to harm me with, what can I do?

The father of my children lies outright and manipulates situations to make him self look perfect, and me like an absolute awful human. He claims, for example, that I manipulated my way onto the house title.. I told him I could prove that wasn't true with our messages. The next morning, I... Read more »

Julie Fowler
Julie Fowler
answered on May 4, 2022

Depending on how the messages were sent, there may still be a way to recover these. This could be something more complicated such as a subpoena or more simple such as your phone records or looking in your archived messages. Many cell phone providers do store text messages with your monthly bill... Read more »

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: Can a grandparent take a custodial parent to court for visitation of her grandson?

I have full custody of my son, and his mother only has visitation rights at my discretion, and the maternal grandmother wants visitation. My son was molested while in the care of his mother, and his mother was and is an alcoholic in an abusive relationship with a history of DV. My son’s... Read more »

Julie Fowler
Julie Fowler
answered on Mar 31, 2022

A grandparent can file for visitation rights in Nebraska if they meet specific criteria. Whether the Court will grant visitation rights or not depends on the overall facts of the case and whether the grandparent meets the criteria.

The set of statutes on this starts at Neb. Rev. Stat....
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1 Answer | Asked in Family Law for Nebraska on
Q: How long does paternity case take in Nebraska?

A friend was notified while in jail that he was named as a potential father for this woman's twins. Since then he hasn't been contacted further. No court order for DNA. Nothing. Except this woman messages saying that they're his - and she lost custody about a year ago of all her kids... Read more »

Julie Fowler
Julie Fowler
answered on Mar 17, 2022

When you are served with a paternity court case, you are required to file a response within 30 days of service if you object to the allegations in the complaint. If he hasn't filed an answer questioning paternity, then the Court can find him to be the children's legal father without... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Nebraska on
Q: My boyfriends childrens mother filed for health benefits and he is now being ordered to test for paternity/child support

Will it be more beneficial for him to go to court and establish a custody agreement? Is there a chance he could receive full custody if he has a full time job/place to live/clean record?

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Jan 7, 2022

Generally, the State of Nebraska initiates child support actions if a parent seeks state benefits and no support is in place. Once that case is opened, if there is no custody/parenting time order and he would like to have one, he will want to make sure the mother is added as a party and file an... Read more »

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1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: Under NE law, can someone pay off alimony early, in full, to prevent ex-spouse from seeking future increase?

The NE alimony statue says, "A decree may not be modified to award additional alimony if the entire amount of alimony allowed in the original decree had accrued before the date of filing of the complaint to modify."

Is this a correct interpretation? Thank you.

Julie Fowler
Julie Fowler
answered on Jan 6, 2022

It is a creative interpretation and could be argued to prevent further alimony.

On the other hand, the statute generally means that if alimony was paid off monthly and all monthly payments were made, you are too late to file a modification to increase or extend alimony.

If you...
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1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: Babies father is refusing to pay child support and has now left the Country on vacation it's been 3 months with no pay

We settled on an amount because he was supposedly not working and I found out he is working for his brother and getting paid cash/under the table. He will not answer when I ask about the payments and has now left the Country on vacation. It's been a lot of lies about legal status and... Read more »

Julie Fowler
Julie Fowler
answered on Jan 6, 2022

If you want a party to be court-ordered to pay child support, you can file an action with the Court to establish a child support order. Once the child support is court-ordered, you can use the legal methods available to try to collect the child support. This includes wage garnishment, passport... Read more »

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Please expand on “ No Juridiction” recently my grand sons where taken into state custody.

And the courts claims no justification as they are from Nebraska. What are some of my options. My daughter is willing to give me custody if needed. I am able to care and provide for them if need be.

Julie Fowler
Julie Fowler
answered on Jan 6, 2022

A court has to have jurisdiction to go forward with a court case. Sometimes when children are involved, there needs to be a determination as to which state gets to decide the custody and/or placement issues. There are specific rules as to how courts determine which state gets to hear the case... Read more »

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: If neither parents have custody of a child, can 1 parent refuse further visits due to child being mistreated?

Father is telling 4 year old daughter that he's going to keep her and she'll never see her mom again.

Julie Fowler
Julie Fowler
answered on Nov 12, 2021

If you believe a child is being abused or neglected in Nebraska, then you have a legal duty to report the abuse to the Nebraska child abuse hotline. In Nebraska, everyone is a mandatory reporter.

If the parents don't agree on how much time, if any, the child should spend with either...
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1 Answer | Asked in Family Law for Nebraska on
Q: What is the definition of a significant other in the state of nebraska?
Julie Fowler
Julie Fowler
answered on Nov 12, 2021

I don't think there is an universal legal definition of significant other in Nebraska law. It is going to depend on the context and type of case.

1 Answer | Asked in Family Law and Adoption for Nebraska on
Q: I was adopted and im 18. My parents kicked me out and threw away all of my belongings. Can I take it to court?

I was adopted back in 2016 of the start of the year. I am 18 now and was kicked out of my home for “not doing what’s best for me” when I had job interviews scheduled they refused to take me. I have been asking them nicely for my belongings and I learned from my little sister who lives in that... Read more »

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Oct 19, 2021

The legal age of majority is 19 years old in Nebraska, not 18 years old, and legally your parents are still responsible for you. Start with the child abuse hotline and see if NDHHS can suggest some resources for you. There is likely not a lot of recourse for your personal property unless it was... Read more »

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Nebraska on
Q: Paternity question- resembling NE case state ex rel. Miah S. V. Ian K.

In my case , instead of State , the plaintiff ( bio dad) has brought a paternity suite in his own capacity using NE statute 43-1411. The children were born during marriage of my wife and myself. We do not have any divorce decree entered. 43-1411 allows state/alleged father/mother to file paternity... Read more »

Julie Fowler
Julie Fowler
answered on Sep 22, 2021

When a child is born during the marriage, there is a marital presumption that the child born during the marriage is a child of the marriage. If the parties remain married, they could object to a third party trying to establish paternity and argue that the marital presumption prevents the third... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Nebraska on
Q: My son 8 told me his mom is manipulating him into hanging w/ affair partner/cousin he’s scared to go back what can I do

He doesn’t want to go back he has an older sister 14 who who this guy punched and their mother doesn’t care for because she chooses partner over kids

Julie Fowler
Julie Fowler
answered on Aug 19, 2021

If you believe a child in Nebraska is being abused or neglected, then you have a duty to report such to the Nebraska Child Abuse Hotline. Everyone is a mandatory reporter in Nebraska.

If you want to ask the Court to enter or change a custody order or parenting time, then you would need to...
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1 Answer | Asked in Family Law for Nebraska on
Q: My 15 yr is pregnant and running away all the time. Is there anything I can do to protect them both?
Julie Fowler
Julie Fowler
answered on Aug 19, 2021

A good place to start looking for advice is a counselor or Boys Town. Boys Town National Hotline (1-800-448-3000). Often these are the type of professionals that can best help in these situations. If you are looking to get the child placed outside of the home, there are legal options but are... Read more »

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: Does temporary guardianship give up my rights to my kids? Can my mother then cut off 100% all communication between me?

I’m January I signed temporary guardianship of my two kids to my mom while I checked myself in to a rehab. I can’t for certain remember what the paper said but I do recall my name being spelled wrong completely. Would that even hold in court? I never received a copy of the document nor did I... Read more »

Julie Fowler
Julie Fowler
answered on Aug 19, 2021

It depends on what you signed in the court action and what type of court action it self.

If you signed a consent to guardianship or similar court papers, then you would need to file a court action to terminate the guardianship or ask in the court action for specific parenting time if the...
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1 Answer | Asked in Family Law for Nebraska on
Q: Hello my mom got sick and they put her in a home now my sister won't let me se my mo w what should I do
Julie Fowler
Julie Fowler
answered on Aug 19, 2021

Unless your mother is incapacitated, it is usually the patient's choice as to who they want to visit them.

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