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Nebraska Questions & Answers
1 Answer | Asked in Child Custody for Nebraska on
Q: I have legal custody of my son his mother had a visitation with him and she refuses to return him and has left the state

I called the cops and they say it's a civil matter even though I have legal custody of my son we've been through Court

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

There are a number of options here depending on the specific circumstances of your case. Law enforcement is sometimes the last resort. Sometimes law enforcement won't assist without a further court order. Depending on the circumstances, you may need to get an order stating that law... Read more »

1 Answer | Asked in Personal Injury for Nebraska on
Q: Can I sue a place where I got hurt? Ending up with stitches and other injuries?

I was in the whirlpool and when I got out, I sat down on the bench to cool off when I blacked out and fell onto the floor. There were no lifeguards or anyone else in the pool area. I got six staples in my head, a CT scan, and was given antibiotics and pain reliever.

Tim Akpinar
Tim Akpinar
answered on May 28, 2022

A Nebraska attorney could advise best, but your question remains open for two weeks. Liability in aquatic facility settings is sometimes argued both ways by defense attorneys and plaintiff attorneys, depending on the circumstances. Defense attorneys sometimes characterize spontaneous medical events... Read more »

1 Answer | Asked in Personal Injury and Civil Litigation for Nebraska on
Q: local grocery store for 8 years would not give me my rewards perks. My groceries are paid. Store refuses. Embarrassed m

I have my receipt and copy of debit from my bank account. They made me very uncomfortable like I was a thief the manager kept saying I'm not giving you any rewards until you pay for these groceries which are already paid for I never felt so embarrassed. I just happened to be a licensed and... Read more »

Tim Akpinar
Tim Akpinar
answered on May 15, 2022

A Nebraska attorney could advise best, but your post remains open for three weeks. In terms of the incident you describe and your chosen categories of Personal Injury and Civil Litigation, it's possible you're thinking along the lines of an emotional distress-distress related caused of... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Nebraska on
Q: When selling a house is it illegal to give a car away with the purchase of the house?

Can I be liable for any damages to the vehicle before or after a year once it is in the possession of the property buyer? What are my responsibilities once I have sold?

Julie Fowler
Julie Fowler
answered on May 4, 2022

If you did the proper legal formalities such as a bill of sale and transferring the title of the vehicle to the new owner, then you likely have no further responsibility at least as owner of the vehicle. If you left the vehicle but you are still a title holder, then things become more complicated... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Nebraska on
Q: What can I do if I’ve been ineffectively represented by court appointed counsel?

I have an email where counsel literally denies my request to take action because of indigent status. Can I be denied rights guaranteed by the constitution for asking the courts for a lawyer instead of paying one?

Julie Fowler
Julie Fowler
answered on May 4, 2022

You can file a motion or appeal to ask the Court to find that the conviction should be reversed or reheard due to ineffective assistance of counsel.

1 Answer | Asked in Criminal Law for Nebraska on
Q: Why is there only a 10 day time frame to file motion for new trial following a verdict?
Julie Fowler
Julie Fowler
answered on May 4, 2022

It isn't always 10 days. It depends on the grounds for the motion for new trial. For most reasons, the time limit is 10 days as set forth by statute.

For example, see Nebraska statute 29-2103.

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: I got pulled over for an expired registration (over 2 years) and was cited for that with a court date.

I was also cited for wheel tax and no proof of financial responsibility of the vehicle, which I think has something to do with my insurance even though it's current? I plan on updating my registration this month and my court date is in June. This is the first time this has happened to me, so I... Read more »

Julie Fowler
Julie Fowler
answered on May 4, 2022

You will want to provide proof to your attorney ahead of the court date that you got things updated/resolved prior to the Court date. Depending on what your record is and specific facts of your case, you may just be looking at a fine or you may still be looking at jail time. Generally these type... Read more »

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 Criminal Law for Nebraska on
Q: If you are hired to tow a vehicle and there is something illegal in the vehicle being towed, can the driver be arrested?
Julie Fowler
Julie Fowler
answered on Apr 6, 2022

Maybe. Criminals try to get creative at times. If law enforcement knew the tow truck driver was in on the drugs being moved, they could be charged.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Nebraska on
Q: Question about constitutional rights in criminal cases, that have more then one defendant

If offered a plea deal agreement to not testify on another criminal case on either the defendant or the states behalf, but can’t take the deal until the other defendants case is over, is it against constitutional rights of other defendant if they can’t call in that witness

Julie Fowler
Julie Fowler
answered on Apr 6, 2022

The defendant can still call the witness as part of that defendant's constitutional rights to call witnesses. However, even if the witness is called, if the witness is a potential co-defendant, they may not have to actually say anything if the 5th amendment right against self-incrimination... Read more »

2 Answers | Asked in Child Custody for Nebraska on
Q: My ex wife is keeping my 12 year old son from school. What are my odds of getting custody if I go into this?

She works at the same school he attends and she either keeps him home when she doesn't want to go to work or when she does go she takes him out 2-3 hours early when she leaves. I've talked to the assistant principal and she told me she's talked with my ex wife, but she gets the... Read more »

Julie Fowler
Julie Fowler
answered on Apr 6, 2022

A child's education is one of the major factors that the judge considers when determining custody or a change in custody. The Court will likely take a big picture approach. If the child is struggling academically and is missing a lot of class for unexcused reasons, then the Court could use... Read more »

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1 Answer | Asked in Divorce for Nebraska on
Q: If one party is terminally ill, can an exception be made to divorce waiting period of 6 months before remarriage?
Julie Fowler
Julie Fowler
answered on Apr 4, 2022

I have never heard of any exception to being able to remarry within the 6 months period. I have never seen a case or statute that says that the 6 month period is waivable in Nebraska. If a person meets the jurisdictional requirements to go forward with a divorce in another state, you might be... 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....
Read more »

1 Answer | Asked in Real Estate Law for Nebraska on
Q: Hello! Question about a previous judgement that is coming up on a title search.

I inherited a house from my parents after the death of my father and have kept the house for 15 years. I am in the process of selling and have found an old Judgement from 2004 against my 1/2 brother for unpaid child support. However, the house was NOT in his name at the time of the judgement. Will... Read more »

Julie Fowler
Julie Fowler
answered on Mar 30, 2022

It depends. If the child support is paid in full at this time, then it may be a non-issue. If there is still child support outstanding and there may arguable be a child support lien, then this could cause delays while clearing up this title issue. If he was not and is not a title holder, then... Read more »

1 Answer | Asked in Child Custody for Nebraska on
Q: Joint legal and physical custody but ex asked for and won "final say" in regards to school district.

But he now thinks he is allowed to sign up our 3 year old for Montessori preschool 5 days a week all the way across town and at $150 a week. I currently work from home and all of my parenting time with my son is spent with him. I have been lucky enough to be able to be at home throughout my... Read more »

Julie Fowler
Julie Fowler
answered on Mar 30, 2022

This answer to your question depends on the specific wording of your Order and the specific circumstances of your case. Did the Judge know this was the dispute when the Judge granted the father "final say"? If so, the answer to your question may be much different than if this was... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Elder Law and Nursing Home Abuse for Nebraska on
Q: What type of attorney do I need? I've been wrongfully accused of elder abuse as of 3/8/22 and I requested an appeal.

There are multiple mitigating circumstances that weren't considered and I have multiple character witnesses and evidence of how I treat my patients. I was in a room with another co-worker when the alleged abuse took place. We were dressing a confused and agitated resident for dinner and she... Read more »

Julie Fowler
Julie Fowler
answered on Mar 28, 2022

If this is due to a criminal charge, you should retain a criminal defense attorney.

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: Can I withhold rent due to noncompliance of landlord due to safety being feared because of another resident

Landlord won’t hold up terms of lease in regards to a neighbor that is breaking it. They have been notified for 3 months and situation is starting to escalate where cops are almost having to be called and safety is feared

Julie Fowler
Julie Fowler
answered on Mar 28, 2022

Legal Aid of Nebraska has put together some information that may be a good starting place for you:

https://www.legalaidofnebraska.org/wp-content/uploads/2021/09/2021-LLT-Handbook-1.pdf

1 Answer | Asked in Criminal Law and Federal Crimes for Nebraska on
Q: I own guns and my husband just became a felon in Nebraska.

Do I have to get rid of them or can they be locked up in a safe and he cannot utilize them. I can’t seem to get a clear answer.

Julie Fowler
Julie Fowler
answered on Mar 28, 2022

I have seen charges for possession by a prohibited person filed against a person when the house they were staying in had locked-up guns in a floor of the home that the homeowner did not allow them access to, although technically they could have gone into that area of the home. They didn't... Read more »

1 Answer | Asked in Child Support for Nebraska on
Q: Husband overpaid 6,000$ after he relinquished his rights,NE kept withholding his income. Can he recoup his money?

Child support enforcement kept taking weekly payments for 6 yrs. until we finally had a lawyer look into it and got a copy of the adoption order. He had an other child support order and didn't realize they had continued to take and pay for the one that was adopted. Currently, his child support... Read more »

Julie Fowler
Julie Fowler
answered on Mar 28, 2022

You would need to speak with an attorney about the specifics of your case as to your options. Depending on the circumstances, you may be able to bring a cause of action against the parent that received money if they lawfully should not have. You might expect a counter claim to recoup other costs... Read more »

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