I'm currently on probation or a shoplifting charge I received 3 years ago and our son is almost four. I have no History of Violence and until recently have been the sole provider for him and her. She decided to move to a town 45 miles away, where I travel to at least three or four times a week to... Read more »
If the parents can't agree on custody or parenting time, then it is time to file a custody action to ask the court to set a set schedule for custody and parenting time. If paternity hasn't been legally established, the father may need to file an action asap if the child is approaching 4 years old...Read more »
Ex husband was very abusive, reports and rrests on dv. Bc of a recent case with hhs and drug use (children not exposed in any way via proof hair follicle test) Temp guardianship was given to my parents. The ex, who was just released from jail on the exact same charges as me after being completely... Read more »
You may want to take a look at the Nebraska Supreme Court case at Cesar C. v. Alicia L, 281 Neb. 979 (2011). In this case, the mother and non-biological father signed a notarized acknowledgment of paternity (the document signed that puts a father's on a birth certificate) stating that the...Read more »
being 8 weeks pregnant, the babies father moved out of state. He wants to take the baby after birth and keep him/her for a month and then switch back when he feels. Is he legally allowed to take a baby after being born if there has been nothing court ordered or court documented besides the baby... Read more »
A father has parental rights in Nebraska when paternity is legally established. In Nebraska, paternity is established by being married to the mother when the child was conceived or born (legal presumption when married), by signing the birth certificate (technically the notarized acknowledgement...Read more »
I was denied placement of my disabled granddaughter by cps because of lame excuses that hold no merit. My granddaughter is now placed with a stranger. A licensed foster parent. Can the mother sign my granddaughter over to me? Maybe a Temporary Delegation of Parental Rights? If so. Do we need an... Read more »
If a child has been removed from a parent by the Court, the parent doesn't currently have the ability to assign rights to another party under a temporary delegation of parental powers. Only the Court can assign rights at this time. If the Court has placed the child in the custody of CPS, then CPS...Read more »
I have been trying to get approved to foster my disabled granddaughter since January. The state has drug this out for 5 months. I have done everything that they have recommended of me so that I could be approved. I was informed Monday that they have denied me. I have talked to two people that were... Read more »
If your granddaughter is involved in juvenile court and foster care, you can Motion to Intervene as a grandparent. Your best bet is to visit with an experienced juvenile law attorney. You have a right to see your home study as well, so that you can address it in Court if necessary. At the very...Read more »
Unless your Parenting Plan specifically says he cannot leave a defined geographical area, he can travel freely during the confines of his scheduled parenting time. Many parenting plans include language about notifying for travel out of state, but do not require permission. However, if it is not...Read more »
My ex and I share joint legal/physical custody of our 2 kids. There is no child support exchanged. My ex's new wife carries the medical insurance on them as she already had a family plan in place so her premiums did not change. My ex is now wanting me to pay her for part of the premium. As I... Read more »
It depends on what your order states. If the order states that each party has to pay half of the insurance premiums, then depending on the wording of the order, a party could be responsible under the order for half the premiums through a new spouse's insurance. That being said, if there is no...Read more »
I got on probation a year ago, and im ordered to have it for another year. When I was on probation for 7 months I went to see my boyfriend who i was court ordered with probation not to have contact with. Things happened and i found out i was pregnant. I'm now five months pregnant and i haven't told... Read more »
Alot of the answers to your questions are going to depend on how you are otherwise doing on probation and how your child's father is doing with his. Are you drug testing and testing clean? Are you living in a safe and stable environment? Obtaining prenatal medical care? Otherwise following the...Read more »
To modify a custody order, the most common method is to file a modification action with the court. This begins by filing a complaint to modify and serving the other party. The Court is generally hesitant to eliminate all parenting time. That being said, if the other parent is not interested in...Read more »
He has been out of high school for a year so he has no supervision. Her dad has custody and is allowing her to continue to see this young man even after knowing she had snuck out of the house to see this young man. I am not ok with this. Is there a law to protect my daughter?
The law allows the parents to make decisions on whether to allow their child to date and who to date. Although the law does have some restrictions on sexual contact (such as what is referred to as statutory rape), generally these type of decisions are normal parenting decisions that the law does...Read more »
Unless your father signed for the bills they are not likely to be able to hold them responsible. Contact take the billing dept and explain the circumstances. I would also hold on to all the billing after reading them in case they take legal action. If they do you should contact legal aid.
Most orders are referring to the tax filing year when they state whether the tax benefit relates to an even or odd year. There isn't a way to know whether your order is like most order or not without reading the full document. If an attorney assisted you in the order, you may want to contact...Read more »
The terms you are using ("indictment" and "charged") do not really apply to paternity and parenting situations. If father signed a Notarized Acknowledgment of Paternity, that serves as a legal basis for paternity under Nebraska law. However, more must occur in the courts for him to have the...Read more »
A Temp Order for Legal Sep was filed on 2/2/18 and I signed a Vol Aprnce (under duress and without a good understanding of what I was signing) on 1/31/18. My husband told me it would be cancelled after we figured everything out as I was living in CA for medical treatment at the time. After... Read more »
Pursuant to Nebraska Court Rules of Pleading Section 6-1115 (a), a party has the time remaining to file a response to the original pleading or within days 10 days after service of the amended pleading, whichever is longer, unless the court orders otherwise.
Sometimes the Court enters an order to tell the parties of a hearing date that the parties are ordered to appear at. Sometimes these orders also state other court orders that the parties must follow. I'm not sure if that is what is happening in your case as you would have to know the facts of...Read more »
Pets are technically personal property. That being said, you will at times see a court enter a custody type order regarding pets in a divorce. It is possible to bring an action regarding a pet before the court to try to stop the other party from taking away your personal property (in this case...Read more »
In 2015 I made motion to set aside dissolution of marriage due to a void judgment. The opposing party didnt respond in time. Clerk entered defailt motion. Case dismissed. Now, 3 years later they are bringing me back in for Order to Show Cause. Id like it thrown out persuant FRCivP 60(a). How do I... Read more »
The Federal Rules of Civil Procedure do not apply to family law cases, first of all. Each state's domestic relations statutes and court rules govern family law cases. Second, the clerk does not "take notice" - the Judge may take judicial notice of prior orders in the case where it is appropriate...Read more »
I found a Nebraska statute where custodial interference is considered a class 2 misdemeanor. My ex has denied me my court ordered parenting time with my children over 7 times the past 2 years. I live out of state (originally she ran away with them to Nebraska and judge decided to let her keep them... Read more »
The general process to enforce court-ordered parenting time that the other parent is denying is to file a contempt action. The other parent can be ordered up to 6 months jail time for failing to following the court's order. Whether the court will order such or instead something like make up...Read more »
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