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?
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.
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 »
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 »
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.
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 »
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 »
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 »
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.
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 »
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 »
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 »
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.
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 »
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...Read more »
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 »
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.
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 »
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?
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...Read more »
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.
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.
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 »
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 »
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 »
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 »
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.
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