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

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

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

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
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

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
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

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
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

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
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

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
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

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
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

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
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

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
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.

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
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?

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
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

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

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... View More
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

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
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

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

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... View More
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

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
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

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
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

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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