A temporary delegation of parental powers can be revoked at any time by the parent and is not necessarily enforceable on the other parent if both parents didn't sign. Even if both parents have signed one, either can revoke it at any time for any reason.

If there is a dispute... View More

For an answer how to read your specific decree, you need to speak with an attorney and read the decree and parenting plan together as a whole. Just reading one snippet and not knowing the background on your case could result in you interpretting something very different from how the Court might... View More

The child support office is part of the government, or a contractor for the government. The child support office is required to do things like enforce child support orders, among other tasks. This means that they can send an income withholding to garnish wages for child support, among other... View More

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answered on Nov 12, 2023

When a married person dies in Nebraska, the surviving spouse is typically entitled to an elective share of the estate (either 1/3 or 1/2 depending on if there are children). This applies even if the deceased spouse left a will giving everything to other beneficiaries.

The proceeds from the... View More

You don't have a right to write off the interest owed even if only interest is due at this time. The party that it is owed to may be willing to write it off or agree to a lump sum payment to write off the rest. You would need to contact the party that it is owed to in order to request they... View More

As far as I know, there isn't a form for this. This is something that you would have to draft on your own or hire an attorney to draft for you. If you are looking to register a custody order in the State of Nebraska, Nebraska Rev. Statute Section 43-1252 has some information regarding the... View More

How does the Decree state to divide the property? It would be unusual, but possible, for the parties to remain owners of the property post-Decree without a plan to separate the real estate. However, usually your divorce decree will state either that the property is sold and proceeds divided in... View More

Generally the action is filed in the county where the children are residing, assuming that they live in the county that has jurisdiction over them (which is likely). You generally contact an attorney that is licensed where you want/need to file the court action. It is usually filed by filing a... View More

Yes, we do have a cause of action for grandparent visitation rights in Nebraska. One factor is the strength of the relationship between the child and grandparent. Thus, you don't want to go too long without consistent contact with the grandchild or the Court may become less likely to grant... View More

Generally, property that was purchased in the marriage is marital. However, if a pre-marital asset or pre-marital funds were used to purchase the property during the marriage, then that part of the property may be a pre-marital asset. The burden is on the spouse arguing that the asset is... View More

You may be able to “trace” your premarital property into the new home you purchased to have the court separate it from the marital estate before dividing what is marital. You will need an experienced divorce lawyer to help you through that process. Best wishes!

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

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

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

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

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

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

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

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

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