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Nebraska Questions & Answers
1 Answer | Asked in Family Law for Nebraska on
Q: I live in Nebraska, my daughter which will be 17 in January does not want to go visit her mother, does she have to go?
Julie Fowler
Julie Fowler
answered on Oct 27, 2020

If there is a court order granting a parent specific parenting time, then the Court generally expects that the parties will follow the court order. Whether a parent will be found in contempt for violating this order when an older teenager does not want to follow the court order depends on a lot of... View More

1 Answer | Asked in Child Custody and Child Support for Nebraska on
Q: Full/Sole Custody-Can partner get it for their child from previous relationship with a misdemeanor on record?

We have children together plus partner's child from a previous relationship. the child portrays the mother as only caring to appear to be a good mother but in reality pays no interest. The mother has lied about situations in order to take said child out of school in which said child told us... View More

Julie Fowler
Julie Fowler
answered on Oct 27, 2020

In order to have grounds for a change in custody, you generally need to show that there has been a material change in circumstances and that the change is in the minor child's best interests. If custody is changed from the custodial parent to the non-custodial parent, then the non-custodial... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Nebraska on
Q: A female friend was arrested on a DV assault-3rd degree misdemeanor. She actually had a warrant but turned herself in

To avoid her possibly staying overnight to see the judge the next day regarding bond, I emptied my savings account to post the $5k bond. It created a bit of a hardship on my end. She has an attorney now. Even though we have already posted the bond and had her released, can we still ask the court... View More

Julie Fowler
Julie Fowler
answered on Oct 27, 2020

I have never seen the Court lower bond money after it has already been posted. You can generally assign the bond money to an attorney to help cover attorney fees.

1 Answer | Asked in Business Law for Nebraska on
Q: I want to sell private martial art lessons taught by me in my backyard, is there anything legal I have to do for this?

I want to sell a 30 minute class for 10$

Julie Fowler
Julie Fowler
answered on Oct 27, 2020

Your question is very vague. There is probably a lot of things that you need to do to follow the legal requirements. This could include whether operating your business violates any local zoning ordinances against running a business in a residential area. This could include setting up a legal... View More

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Nebraska on
Q: Can custody be removed from a parent if parent signed temporary guardianship to someone else?

I signed legal temporary guardianship to my mother of my son. The state of Nebraska remove custody from me and placed it with the state even though there was a temporary guardianship in place with someone else after time? Is that legal?

Julie Fowler
Julie Fowler
answered on Oct 27, 2020

If the State has grounds to remove a child, the State generally gets a say in the placement of the child. This is true even if a parent signs a temporary delegation to someone else in the same time period. If there is an actual court order of guardianship, then this is different. Then generally... View More

2 Answers | Asked in Real Estate Law for Nebraska on
Q: My elderly mom wants to transfer her paid in full home in NE to me, what is needed?

Her husband has recently passed and may have to place her in a care facility

James Polack
James Polack
answered on Oct 22, 2020

Your mother should consult an elder planning attorney first.

Transferring her home may result in disqualification for Medicaid or have other unforeseen results.

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1 Answer | Asked in Employment Discrimination and Employment Law for Nebraska on
Q: can i get fired for giving my work a weeks notice i won’t be able to come in on a certain date?

i gave them a weeks notice and told them i need it covered.

Rhiannon Herbert
Rhiannon Herbert
answered on Oct 20, 2020

In at-will employment states, employees can be fired for any reason or no reason at all, as long as the reason isn't discriminatory (i.e. based on your race, sex, age, religion, disability). While your situation seems unfair, your employer's actions are not unlawful.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Nebraska on
Q: If I gave gaurdianship during a state case and the state closed the case before termination of gaurdian. How do I?

I picked up a felony drug charge last August and were convicted in late February this year. I also note that the juvenile court case originated, in part, on drug use. I also see a warrant in 2020 to search electronic devices for pornography possibly related to my daughters. I will tell you that... View More

Julie Fowler
Julie Fowler
answered on Oct 19, 2020

You shouldn't post such specific info on a general posting board like this. You should take your question down and contact an attorney that practices in Scotts Bluff County regularly.

1 Answer | Asked in Family Law for Nebraska on
Q: The mother of my 1 year old baby will not let me see or spend time with him for no reason at all so what can I do?

My son was living with me for 2 months because she couldn't keep him because she had court ordered inpatient rehab and when she got released I let her take him to spend time with him and we agreed she would have him for 1 week and I'd have him for a week and we were supposed to keep doing... View More

Julie Fowler
Julie Fowler
answered on Oct 19, 2020

If the parents can't agree on what the custody and/or parenting time with the child should be, then a parent may need to file a custody action. Within the custody action, the Court can enter a temporary order stating forth each parent's time with the child. If one parent claims the... View More

1 Answer | Asked in Estate Planning and Probate for Nebraska on
Q: My mother lived in Colorado Springs I live in Nebraska and my brother lives in Oregon I am the oldest child my mom did

Have a will in which I was named as executor. The will went missing however I have many relatives that witnessed what the will said and named me as executor my brother has taken possession of all of my mom's money and will not give me the 50% my mom had written as her wishes for her 2 children... View More

Julie Fowler
Julie Fowler
answered on Oct 19, 2020

You may need to retain a probate attorney to assist you in having the estate divided with the assistance of the Court. Generally you need to retain an attorney where the deceased last lived.

1 Answer | Asked in Child Custody for Nebraska on
Q: can an 18 year old file for motion of custody of his child in nebraska

i am 18 my ex girlfried is 16 i want to file for custody of my daughter whom is 2 months old due to my ex still living at home with her mother whom has for the 3rd time in 5 years pending child abuse/neglect charges

Julie Fowler
Julie Fowler
answered on Oct 19, 2020

Yes, a parent that is a minor can file for custody of their child. Generally, if the biological parents are minors, then the parents are listed as parties and filing as the next of friend of the biological parent.

1 Answer | Asked in Communications Law and Products Liability for Nebraska on
Q: is it illegal to remove an old telecommunications device from your dwelling

if yes what is the law

Julie Fowler
Julie Fowler
answered on Oct 14, 2020

Generally a party can remove property from their own property. Do you own the property or are you renting? Do you own the device or is it owned by a provider, such as DirecTv or another provider? Do you have a contract with such provider that has requirements as to what you are to do when you... View More

1 Answer | Asked in Uncategorized for Nebraska on
Q: I want to save my house for my daughter as I have incurable cancer
Julie Fowler
Julie Fowler
answered on Oct 14, 2020

I am sorry to hear. You should speak with an estate planning attorney to plan the best way to do this, as well as to have a health care power of attorney and property power of attorney prepared for you.

1 Answer | Asked in Family Law and Social Security for Nebraska on
Q: Where can I find the money my father left me when he died? I'm 18 and was told it had to be claimed before I tuned 18
Julie Fowler
Julie Fowler
answered on Oct 14, 2020

How to track this down depends on what what type of funds you believe were left to you. For example, life insurance proceeds are transferred in a different manner than cash in a bank account. If you believe there may be social security dependent benefits owed to you, you may want to go to your... View More

1 Answer | Asked in Child Support for Nebraska on
Q: Child support is being followed by a Texas decree. But, we live in NE. NE is 19, Texas is 18. Which do I follow now?

I need to know what to do if I divorced and am paying child support in TX as directed by my divorce decree. But, we all live in NE now. TX says 18 for child support, and NE says 19. We have been following the TX divorce decree that has never been changed since we all moved to NE. When my child... View More

Julie Fowler
Julie Fowler
answered on Oct 14, 2020

Generally the age of majority for child support doesn't automatically change from the original order even if the parties move to a new state. Thus, child support can still terminate at 18 years old even if the child is living in Nebraska if the original order was entered in a state where... View More

2 Answers | Asked in Social Security for Nebraska on
Q: my power of attorney has taking money and spent that on themselves while I was incarnation
Kenneth Prigmore
Kenneth Prigmore
answered on Oct 14, 2020

Your state should have an office of Adult Protection Services. Call the local police and ask for the phone number. Adult protection services will investigate your situation.

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2 Answers | Asked in Criminal Law and Domestic Violence for Nebraska on
Q: I’m in Omaha Neb If I paid the full retainer fee for an attorney for a friend can I fire the attorney?

Or can only the client fire the attorney? Actually, I’m wanting the partial amount back due to the friend not living up to the conditions of the loan, not necessarily because of the attorney

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Oct 14, 2020

Only the client can fire the attorney and give direction to the attorney on how to represent the client. Further, from your statement here, it sounds like the attorney is performing or performed his or her duties but perhaps the client/your friend is not helping his or her own case...It would be... View More

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1 Answer | Asked in Copyright and Intellectual Property for Nebraska on
Q: If I make a podcast where I review books and highlight their essential details, am I committing infringement?

I plan to give credit to the author and don’t plan on quoting the book directly. I’m just wondering if I’m crossing a line between doing a “book review” and committing infringement

Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Oct 13, 2020

What's described sounds like "Fair Use" under Section 107 of the Copyright Act; e.g., criticism, comment, news reporting, teaching, scholarship, and research are forms of freedom of expression and are likely fair use.

Of course, "fair use" is simply a defense to a...
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2 Answers | Asked in Child Support for Nebraska on
Q: My daughter gets Medicaid for my granddaughter and she and her boyfriend were ordered to child support court.

The judge established he should pay $350+ per month (in Nebraska). Will my daughter see any of that money or does the state take it all? Also, the amount seems very high for someone making only 11 bucks an hour. They said the judge set it according to what his "earning potential" is. Can... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Oct 13, 2020

Yes, your daughter receives the child support directly. Earning potential means income was imputed at the level he could be reasonably expected to earn. (A parent cannot voluntarily quit a job or work for less money to avoid supporting their child/ren). If the parties reside together in the future,... View More

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1 Answer | Asked in Divorce for Nebraska on
Q: Which complaint for dissolution of marriage should be used when youngest child is 18 and attends college out of state?
Julie Fowler
Julie Fowler
answered on Oct 7, 2020

If you are referring to the forms available on the Nebraska Supreme Court's website, I would recommend hiring an attorney to draft a Complaint to fit your specific situation. Those forms are serviceable in some situations but not most. That being said, if you are going to use those forms... View More

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